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State of Jammu-Kashmir - Section

Section 162 in The Code of Criminal Procedure, 1989 (1933 A. D.)

162. [ [Substituted by Act IX of 2007 Section 3 Section 3 & 4.]

x x x ]["(1) The statement made by any person to a police officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it and a copy of the statement as recorded shall be given forthwith free of cost by the police officer to the person who made the statement, under acknowledgement.] [Substituted by Act IX of 2007 Section 3 Section 3 & 4.](1-A) Every statement referred to in sub-section (1) shall contain the date, time and place as to when and where the statement was recorded and shall, subject to the provisions of sub-section (3) of section 173, be forthwith forwarded by the officer in-charge of the police station to the Magistrate empowered to take cognizance of the offence upon a police report.(1-B) Any statement referred to in sub-section (I) or any record thereof, whether in a police diary or otherwise, or any part of such statement or record shall not 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 in respect of officers specified in sub-section (1) of section 164-A, where such person is required to be forwarded to the nearest Magistrate for recording his statement under that section, his statement shall not be reduced into writing by the Police Officer under this sub-section :Provided further that where any statement has been recorded under section 164-A, the police officer shall enclose a copy of such statement as part of his police diary recording therein that such person has made such statement before the Judicial Magistrate and proceed further investigation in accordance with the provisions of this Code.] [Substituted by Act IX of 2007, Section 4.]
(2)Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 32, clause (1) of the Evidence Act, 1977 (XIII of 1977), or to affect the provisions of section 27 of that Act.