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Showing contexts for: Protection under section 161 in Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022Matching Fragments
(xvii) It is urged that in comparison to the constitutional law, the Cr.P.C. and the 1872 Act, the provisions under the PMLA are draconian and, thus, violative of Articles 20(3) and 21 of the Constitution. Our attention is drawn to Section 160 of the Cr.P.C. when person is summoned as a witness or under Section 41A as an accused or a suspect. In either case, the statement is recorded as per Section 161 of the Cr.P.C. Safeguards have been inserted by this Court in Nandini Satpathy vs. P.L. Dani & Anr.35, while also the protection under Section 161(2) is relied on. Thus, based on Sections 161 and 162, it is submitted that such evidence is inadmissible in the trial of an offence, unless it is used only for the purpose of contradiction as stipulated in Section 145 of the 1872 Act. Further, it is stated that proof of contradiction is materially different from and does not amount to the proof of the matter asserted36 and can only be used to cast doubt or discredit the testimony of the witness who is testifying before Court37. The legislative intent behind Section 162 of the Cr.P.C. is also relied 35 (1978) 2 SCC 424 36Tahsildar Singh & Anr. vs. State of U.P., AIR 1959 SC 1012 (paras 16-17, 42); Also see: V.K. Mishra & Anr. vs. State of Uttarakhand & Anr., (2015) 9 SCC 588 (paras 15-20) 37Somasundaram alias Somu vs. State represented by the Deputy Commissioner of Police, (2020) 7 SCC 722 (para 24) upon, as has been held in Tahsildar Singh & Anr. vs. State of U.P.38.