fall under any prohibited category mentioned in Section
165 Evidence Act. If Section 162 Criminal Procedure Code
was meant to be so wide ... would have said so
explicitly. Section 165 of the Evidence Act was already
there when section 162 Criminal Procedure Code was enacted.
It is certainly
Section 32 of the Evidence Act, nor it shall affect Section 27
of the Evidence Act. Bar of Section 162 ... person by the
police officer under Section 161 Cr.P.C. and by virtue of
Section 162 Cr.P.C. would be applicable only where
Munna Pandey vs State Of Bihar on 4 September, 2023
Bench: Prashant Kumar Mishra , B
under any prohibited category
mentioned in Section 165 , Evidence Act. If Section 162 of
the Criminal Procedure Code, was meant to be so wide ... would have said so explicitly. Section 165 of the
Evidence Act was already there when Section 162 , Criminal
Procedure Code was enacted
into the statement of PW-1 recorded under Section 161
Cr.P.C.
14. Section 161 Cr.P.C. titled “Examination of witnesses by police ... police statement recorded under Section 161 Cr.P.C can be used at any trial
are indicated in Section 162 Cr.P.C. Section 162
provisions of section 162 thereof in the investigations
conducted by the Bombay City Police. Section 162(1) of the
Criminal Procedure Code provides ... light of the
provisions of section 63 of that Act and not section 162 of
the Criminal Procedure Code.
It may be noted that
under
Section 169 or 170 CrPC , as the case may be, and forwarding of a
police report under Section 173 CrPC ... Section 169 or 170 CrPC , as
the case may be, and forward his report to the Magistrate concerned
under Section 173(2) CrPC
treated as FIR in the case as it is hit by Section 162 Cr.P.C.
6. The next and most important submission, according ... complaint which is treated as F.I.R. is hit by Section 162 Cr.P.C. In this context the evidence
Code of Criminal Procedure, 1973
(hereinafter called the Cr.P.C .) and all other subsequent
information would be covered by Section 162 ... opinion under Section 169 or 170
Cr.P.C ., as the case may be, and forwarding of a police report
under Section 173
investigation of the case by
PW 19 is, hit by Section 162 Cr.P.C. No statement made by any person to a
police officer ... within the
meaning of Section 45 Evidence Act and Ext. P 11 was hit by the bar of
Section 162
