only under Rule 72 of the Criminal Rules of Practice, but also under section
162 Cr.P.C. In this case ... subject to other conditions regarding
admissibility under Section 162 Cr.P.C. In this view relying on Ex.P4 as such
is not possible
examined by the Police.
2. Statements recorded under Section 162 , Criminal Procedure Code, can be used at a subsequent inquiry or trial for one purpose ... clear, therefore, that a statement under Section 162 , Criminal Procedure Code cannot be used during an inquiry or trial in order to show that
within the
meaning of the provisions of the Code of Criminal Procedure . Section 154 of
the Code prescribes the mode of recording the information received ... information or otherwise. Under Section 4(1) of the Code of Criminal
Procedure, “Investigation” includes all the proceedings under this Code for the
collection
Code of Criminal Procedure ,
1861. Later, in Code of Criminal Procedure , 1898, these provisions were
omitted. Now, under the present Code of Criminal Procedure , Section ... within the meaning of Section 1(2) of Code of
Criminal Procedure, 1898, and not the other sections. Section 27 makes a
statement admissible
should expect, Section 27 of the Evidence Act remains as an exception to Section 162 , Crirhinal Procedure Code--but Section 162 , Criminal Procedure Code ... said:
I am of opinion that Section 27 is not affected by Section 162 of the Criminal Procedure Code but that Section 162 is affected
witness to the Police in an investigation under Section 162 , Criminal Procedure Code, can be filed, or exhibited, or, in short, used, when the witness ... clear therefore that a statement under Section 162 , Criminal Procedure Code, cannot be used during an inquiry or trial in order to show that
they prepared these estimates; therefore, Ex.P.620 is hit by Section 162 Cr.P.C., as they are also part of the investigation ... within the meaning of Section 45 Evidence Act and Ex.P.11 was hit by the bar of Section 162
Suman And Etc. vs State Of Tamil Nadu And Anr. Etc. on 7 April, 1986
Apex Court observed:
"The prohibition contained in Section 162 Cr.P.C. related to all statements made during the course of an investigation ... accused. Such a letter would constitute statement for the purpose of Section 162 , Cr.P.C. The prohibition relating to the use of statement made
Inspector was
inadmissible as it was hit by Section 162 , Criminal
Procedure Code. He relied on a decision of the Andhra
Pradesh High Court ... 162 of the
Criminal Procedure Code. What is excluded by Section
162 , Criminal Procedure Code is the statement made to a
Police Officer
