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
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 ... Apex Court not only
in reference to Section 161 Cr.P.C. but Section 162 Cr.P.C. apart
from Section
162 of the Cr.P.C. Section 161 of the Cr.P.C. deals with examination of witnesses by Police. Section 162 of the ... Thus, from a bare reading of sub-Section(2) to Section 162 of Cr.P.C. it is clear that sub-Section
into the
statement of PW 1 recorded under
Section 161 CrPC.
15. Section 161 CrPC titled
"Examination of witnesses ... police statement recorded
under Section 161 CrPC can be used at
any trial are indicated in Section 162
CrPC. Section 162
basis of the affidavit is hit by provision of Section 162 Cr.P.C. At this juncture, learned counsel for the applicants referring ... Officer under Section 161 Cr.P.C., it was also argued that these statements are not hit by the provisions of Section 162
State of
Punjab) the statement recorded under Section 161 of the code of Criminal
Procedure shall not be used for any purpose except to contradict ... Saroja cannot at all be called under Section 91,in
view of the bar under sec 162 Cr.P.C.
http://www.judis
statements recorded under Section 161 Cr.P.C. As per the proviso of
section 162 (1) of Cr.P.C. the statement cannot be used ... contradiction as enumerated under Section
145 of Indian Evidence Act or/and beyond the provision of Section 162
Cr.P.C.
8. The issue raised
evidence. According to Section 162
of the Code of Criminal Procedure,
no statement made by any person to
a police officer in the course ... Lord Atkin , in that
case , while dealing with Section
162 of the Code of Criminal
Procedure observed:
“Then follows the section in
question which
section 354, section
354A, section 354B, section 354C, section 354D,
section 376, section 376A, section 376B, section 376C,
section 376D, section 376E or section ... statements recorded under this Section can only be used to contradict a
witness as provided under Section 162 Cr.P.C. and the words
162 Cr.P.C . and Section 145 of the Indian Evidence Act, 1872 :-
Section 161 in The Code Of Criminal Procedure, 1973
161. Examination ... witness under that section was not taken away by Section 162 of the Code of Criminal Procedure which only provided that the writing shall