Section 162 of CrPC Simplified

Section 162 of the Code of Criminal Procedure: Examining the Legitimacy of Witness Statements

Journal Press: Section 162 of the Code of Criminal Procedure (CrPC) has long been a subject of debate and controversy within the legal fraternity. This provision outlines the restricted use of statements made by witnesses during a police investigation. The purpose of this article is to comprehensively analyze Section 162, supported by landmark judgments and court views. By shedding light on this crucial provision, we aim to unveil its impact on the authenticity of witness statements and the course of criminal proceedings.

Section 162 of CrPC Simplified
Section 162 of CrPC Simplified

Protecting Defendants’ Rights: Section 161(2) of the CrPC

Section 161(2) of the CrPC, along with Article 20(3) of the Constitution of India, provides protection to individuals being interrogated under Section 161. This provision demands honest responses from the accused while safeguarding against self-incrimination. Notably, statements recorded under Section 161 cannot be used as substantial evidence for or against the accused. Their sole purpose lies in evaluating the credibility of prosecution witnesses.

Section 162’s Restriction on Witness Statements

Section 162 of the CrPC establishes specific limitations on the use of statements made during police investigations. It explicitly disallows the court from considering these statements to support or contradict statements made in court. The provision aims to address historical distrust in the fidelity of investigating officers’ statements. Unfortunately, it also hinders the effective verification of witness statements during the investigation process.

Challenges in Recording Statements: Police Inefficiencies

There is a prevailing concern regarding the accuracy and reliability of police-recorded statements. Oftentimes, these statements are distorted, lost, or deleted without proper documentation. As per the Indian Evidence Act, such statements are not considered factual evidence. Hence, the credibility of witness statements during the investigation process becomes questionable.

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Courts’ Interpretation: Case Law Analysis

Several landmark judgments have shed light on the interpretation and application of Section 162 of the CrPC:

1. Pukhraj Pannalal Shah and Ors. v. K.K. Ganguly and Anr. (1967):
This judgment clarifies that customs officials and members of the railway protection force, under railway jurisdiction, are not considered police officers. Thus, their statements do not fall under Section 162.

2. Tahsildar Singh v. State of U.P. (1959):
This case stresses the importance of witness statements being in writing during investigations. Any discrepancies between statements made to the police and statements made in court are treated as contradictions.

3. Baleshwar Rai v. State of Bihar (1962):
Here, the court affirmed that Section 162 only prohibits the proof of statements made during the investigation, not their authentication. The distinction between the “period of investigation” and the “proceedings of the investigation” is crucial in understanding the scope of Section 162.

4. Harkirat Singh v. State of Punjab (1997):
This landmark case exemplifies how an accused might be acquitted due to the lack of recording a key witness’s statement. In this instance, the failure to examine the deceased eyewitness, who lodged the FIR, weakened the prosecution’s case.

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Section 162 of the Code of Criminal Procedure is a vital provision that governs the admissibility of witness statements during police investigations. By restricting the use of these statements in court, it aims to ensure fairness and protect the rights of the accused. However, the provision also poses challenges in verifying witness statements and relies heavily on the integrity of investigating officers. Judicial interpretations of Section 162 provide further clarity and guidance to legal professionals grappling with its nuances. As the legal system continually evolves, the debate surrounding Section 162 remains crucial to upholding justice and preserving fair trial rights.