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
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.
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
What is Police officers power to investigate cognizable case? Procedure for investigation? Report how submitted? Power to hold investigation or preliminary inquiry? Section 156, 157, 158 and 159 of Code of Criminal Procedure 1973
Section 160 of Code of Criminal Procedure What is Police Officer's Power to summon witnesses under?. What are the conditions to issue Summon under section 160 of CRPC? What is the punishment for non Compliance of Summon Section 160 Summon?
What is Report of investigation by subordinate police officer? What is Release of accused when evidence deficient? What are the Cases to be sent to Magistrate when evidence is sufficient? Section 168, 169 and 170 of Code of Criminal Procedure 1973
Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. What is Diary of proceedings in investigation? Section 171 and 172 of Code of Criminal Procedure 1973