Is statement to Police to be signed under Section 162 of
CRPC?. Statements of Police not to be signed
Section 162 of CRPC - Statements to Police not to be signed.
Use of statement in evidence.
As per Section 162 of Criminal Procedure Code Statements to
Police note to be signed. Use of statement in evidence is also
defined under this section. Legal provision related to Section
162 of CRPC is:
Section 162 of CRPC. Statements to police not to be
signed: Use of statements in evidence.
Section 162(1) No statement made by any person to a police
officer in the course of an investigation under this Chapter,
shall, if reduced to writing, be signed by the person making it;
nor shall any such statement or any record thereof, whether in a
police diary or otherwise, or any part of such statement or
record, be used for any purpose, save as hereinafter
provided, at any inquiry or trial in respect of any offence
under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in
such inquiry or trial whose statement has been reduced into
writing as aforesaid, any part of his statement, if duly proved,
may be used by the accused, and with the permission of the
Court, by the prosecution, to contradict such witness in the
manner provided by section 145 of the Indian Evidence Act, 1872
(1 of 1872 ); and when any part of such statement is so used,
any part thereof may also be used in the re- examination of such
witness, but for the purpose only of explaining any matter
referred to in his cross- examination.
Section 162(2) Nothing in this section shall be deemed to apply
to any statement falling within the provisions of clause (1) of
section 32 of the Indian Evidence Act, 1872 (1 of 1872 ), or to
affect the provisions of section 27 of that Act. Explanation.-
An omission to state a fact or circumstance in the statement
referred to in sub- section (1) may amount to contradiction if
the same appears to be significant and otherwise relevant having
regard to the context in which such omission occurs and whether
any omission amounts to a contradiction in the particular
context shall be a question of fact.