incorrect version under
Section 63(2)(b) ; and the threat of penalty under Section 63(2) or
arrest under Section 19 .
39
(xvii ... witness or under Section 41A as an
accused or a suspect. In either case, the statement is recorded as
per Section 161
that, it is now necessary to refer to Sections 119 and 217 of the IPC. Section 119 opens with words: "Public servant concealing design ... such circumstances, the police officer is not entitled for protection under Sections 161(1) and 64(b) of Bombay Police Act. In Shambhoo Nath Misra
acquittal and
therefore, question of consent does not arise read with Sections
378(4) and 401(5) of the CrPC. He has also relied ... Section 197 of the CrPC has been obtained and without
sanction, cognizance is taken. Such cognizance is impermissible
under the law and section 161
would be
appropriate to refer to the concerned Sections as well as relevant
part of Section 161 of the Bombay Police Act. Sections ... that matter, in
spite of offence under Section 304-A of I.P.C., benefit of Section
161(1) of Police Act was given
learned
counsel argued that section 53A of the NDPS Act shows that
confessional statements that are made under section 161 of the CrPC,
which ... police – mentioned under sections 41 and 42 of the NDPS Act, which
are not statements made under section 161 of the CrPC – being
admissible
being Criminal Revision and a Criminal
Reference against similar earlier orders u./sec. 144
Cr.P.C .) were heard and disposed of by the High ... exercise of their discretionary power
under sec. 144 by observing that though the section does not
empower a Magistrate to decide a dispute
follows:
Respondents filed a petition under Section 397 and
Section 401 read with Section 482 of the Cr.P.C. regarding the
opinion expressed ... would not confer such statement the protection granted under
Section 172 Cr.P.C.
Sections 161 and 172 Cr.P.C. read as follows
Justice Desai, in her judgment, framed two
questions viz. (1) whether the protection under Article 20(3) of the
Constitution extends to the protection from ... accused which may incriminate him, is held to
be not violative of protection guaranteed by Article 20(3) , the
investigating officer cannot take physical evidence
section. He may require the attendance of witnesses. The witness shall be bound to answer" all questions, except those referred to in Section 161 ... legally made under Section 154 . It is also clear to me that it was really made under Sections 161 and 162 . After receiving the information
Judges attempt to construe Section 172 of the Coda of Criminal Procedure and decide that a statement made under Section 161 of that Code ... Section 172, and that it may be of any practical use to a Magistrate under Section 167 or to a Court under Section
