‘Copy paste job in witness statements dangerous’: HC directs state to frame guidelines

MUMBAI: The Aurangabad bench of the Bombay high court on Tuesday took suo motu cognisance of the “copy-paste” culture among investigating officers while recording witness statements.

“The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused persons,” the division bench of justices Vibha Kankanwadi and Sanjay Deshmukh said, directing the state government o frame guidelines to curb the malpractice.

The bench questioned the integrity of witness statements and wondered why witnesses were even called by the police to record their statements.

“It is high time to take cognisance of the issue suo motu and to consider, as to what are those shortcomings or difficulties for the investigating officer/ officers when they record such copy-paste statements,” the court said.

The court was hearing a petition filed by Amol Samadhan Nikam, 26, and four other family members, who sought the quashing of criminal proceedings against them, pending before the sessions court in Jalgaon.

The case stems from a first information report (FIR) registered at the Erandol police station in Jalgaon on February 24, 2024, for abetment to suicide of a minor.

The case was initially registered as an accidental death under section 174 (police inquiry in cases of unnatural or suspicious death) of the Code of Criminal Procedure. Subsequently, an offence was registered under section 306 of the Indian Penal Code, pertaining to abetment of suicide, although the deceased was 17 years and 9 months old at the time of death. Section 105 of the penal code, pertaining to abetment of suicide of a child or insane person, was added after the police found the deceased’s birth certificate.

When the division bench went through the charge sheet filed by police, it noticed that the investigating officer had merely copy pasted witness statements despite the seriousness of the case. The court stressed on the need to formulate guidelines for investigating officers and appointed advocate Mukul Kulkarni as amicus curiae. It directed Kulkarni to collect data and suggest measures the state government can take to curb the “copy-paste” malpractice and improve the quality of investigation.