by Police - Bureau of Police Research and Development

The Indian Police Journal threat, duress, inducement and promise, even when the person maynot have committed crime. By using these statements during trial, casemay be proved. Because of this reason to protect the accused and forproviding opportunity of fair trial, normal rules of evidence containedCr.P.C. in relation to statement taken u/s 161 Cr.P.C.inducement and promise for taking any statement means it prohibitscustodial violence. Sec. 24 of Evidence Act makes confessioninadmissible evidence if obtained by threat, inducement or promise.Sec. 25 Evidence Act makes confession inadmissible when made to Police custody inadmissible even when it is made to any person other degree methods. Community has no faith in the police. Therefore,in Criminal Procedure Code a very different rule relating to use ofstatement recorded u/s 161 Cr.P.C. as evidence is provided. Sec.162(1)Cr.P.C. makes a complete prohibition over use of statement u/s 161Cr.P.C., whether recorded or not, in any inquiry or trial in respect ofany offence under investigation in which statement was made:“Sec. 62(1):in the course of an investigation under this chapter shall, ifreduced to writing, be signed by the person making it; nor shallany such statement or any record thereof, whether in a PoliceDiary or otherwise, or any part of such statement or record, beused for any purpose, save as hereinafter provided, at any inquiryor trial in respect of any offence under investigation at the timewhen such statement was made….”Sec. 162 makes complete ban on use of statement u/s 161 in anyinquiry or trial. This provision is enacted for the protection of accusedwho are not trustworthy and always there are possibility of use of thirddegree methods and further the atmosphere of Police Station is not128 January - March, 2013