by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
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The Indian <strong>Police</strong> Journal<strong>of</strong>fence under investigation at the time when such statementcourse <strong>of</strong> an investigation under Chapter XII is sought to be usedin any proceeding, inquiry or trial in respect <strong>of</strong> an <strong>of</strong>fence otherthan which under investigation at the time when such statementwas made, the bar <strong>of</strong> Sec. 162 will not be attracted. When the Sec. 161 Cr.P.C., during the investigation <strong>of</strong> abduction case <strong>of</strong> aboy. Kalu was alive <strong>and</strong> thus that statement could be used in thesubsequent investigation that was being made with respect to thealleged murder <strong>of</strong> Kalu.” Use <strong>of</strong> Statement <strong>by</strong> Defence sideGeneral rule <strong>of</strong> admissibility <strong>and</strong> use <strong>of</strong> previous statement are Proviso to Sec.161 (1) <strong>and</strong> provisions contained in Sec.162 (2) Cr.P.C.make statements u/s 161 admissible for limited purposes in the interest is part <strong>of</strong> prosecution, recorded the statement, therefore prosecutioncannot use the statement except in case <strong>of</strong> hostile witness <strong>and</strong>situation coming under Sec. 32 <strong>and</strong> Sec. 27 <strong>of</strong> Evidence Act. Provisoto Sec.162(1) provides that statement u/s 161 is admissible during trialonly when it is recorded. If the statement is given u/s 161 Cr.P.C., butonly be used when maker <strong>of</strong> statement is produced as prosecutionwitness, statement can be used for contradiction <strong>of</strong> such witness <strong>and</strong>contradiction is always made <strong>by</strong> opposite side. Defence side can usestatement recorded u/s 161 Cr.P.C. for contradiction <strong>of</strong> prosecutionwitness. Prosecution may also use statement for contradiction <strong>of</strong> itsown witness with permission <strong>of</strong> court means when prosecution witnessbecomes hostile witness. This provision makes clear that the statementcannot be used for corroboration <strong>and</strong> only for contradiction. Statementcan be used when statement recorded was made <strong>by</strong> a person <strong>and</strong> he is is used for contradiction, then prosecution can use statement or part<strong>of</strong> statement in re-examination for only explaining the contradictionmade in cross-examination. Proviso to Sec. 162(1) provides:“Provided that when any witness is called for the prosecutionin such inquiry or trial whose statement has been reduced into130 January - March, 2013
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