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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -112-shall have power to administer oath to theperson whose statement is so recorded.(6) The Magistrate recording a confession orstatement under this section shall forward itto the Magistrate by whom the case is to beinquired into or tried.”However, caution against the use of confessionstatements made by accused persons before the police,is specifically provided in Section 162 of the CrPC,which reads as:“162. Statements to police not to be signed:Use of statements in evidence. (1) No statementmade by any person to a police officer in thecourse of an investigation under this Chapter,shall, if reduced to writing, be signed by theperson making it; nor shall any such statementor any record thereof, whether in a policediary or otherwise, or any part of suchstatement or record, be used for any purpose,save as hereinafter provided, at any inquiry ortrial in respect of any offence underinvestigation at the time when such statementwas made:Provided that when any witness is called forthe prosecution in such inquiry or trial whosestatement has been reduced into writing asaforesaid, any part of his statement, if dulyproved, may be used by the accused, and withthe permission of the Court, by theprosecution, to contradict such witness in the

Crl.A.Nos.2295-2296 of 2010 -113-manner provided by section 145 of the IndianEvidence Act, 1872 (1 of 1872); and when anypart of such statement is so used, any partthereof may also be used in the re- examinationof such witness, but for the purpose only ofexplaining any matter referred to in his crossexamination.(2) Nothing in this section shall be deemed toapply to any statement falling within theprovisions of clause (1) of section 32 of theIndian Evidence Act, 1872 (1 of 1872), or toaffect the provisions of section 27 of thatAct.Explanation.-An omission to state a fact orcircumstance in the statement referred to insub-section (1) may amount to contradiction ifthe same appears to be significant andotherwise relevant having regard to the contextin which such omission occurs and whether anyomission amounts to a contradiction in theparticular context shall be a question offact.”The caution against the use of confessionalstatements of an accused given to police asincriminating evidence stems from Article 20(3) of theConstitution which provides that no person shall becompelled to be a witness against himself.However,POTA makes a departure from the above principlethrough Section 32 which reads as under:

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