relevance in
considering the express provisions of Section 162 of the Code of Criminal
Procedure.
(emphasis added)
In that view of the matter, the previous ... manner provided by Section 145 of the Indian Evidence Act, 1872" found in
Section 162 of the Code of Criminal Procedure. Section
Section 162 of the Criminal Code. This is clear from the following dictum in T.T. Antony:
"18. An information given under sub-section ... opinion under Section 169 or 170 Cr.P.C ., as the case may be, and forwarding of a police report under Section 173
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 ... particular context shall be a question of
fact.
15. Section 162 Cr.P.C. bars use of statement of witnesses
recorded by the police except
Supreme Court has elaborately discussed the
interrelation between Section 161 Cr.P.C. and Section
162 Cr.P.C. as under:-
14. Section
Supreme Court has elaborately
discussed the interrelation between Section 161 Cr.P.C.
and Section 162 Cr.P.C. as under:-
14. Section ... 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
Charge under Section 158 of the CrPC and all other subsequent information would be
covered by Section 162 CrPC ... mentioned in the First Information Report will be statements falling under Section 162
CrPC. In such a case, the Court has to examine
Section 161 of the Code of Criminal Procedure. It is well settled that a statement recorded under Section 161 of the Code of Criminal Procedure ... another (2015) 9 SCC 588 after scrutinizing the scope of Section 162 Cr.P.C. observed in paragraph 16 as follows:-
" Section 162
only a statement of an informant in terms of Section 162 Cr.P.C. In fact, a
FIR No. 294/2012 5 State Vs. Bansi
given
by Sakthi Saravanan (P.W.1) is hit by Section 162 Cr.P.C., inasmuch as,
Samiappan (P.W.4), in the cross-examination ... hold that the
complaint (Ex.P.1) is hit by Section 162 Cr.P.C. Let us take the extreme case that
signed witness statements by the
Police Officer, in clear contravention of Section 162 Cr.P.C. He submitted
that since there was a breach ... Section 162 Cr.P.C, inasmuch as, the said
statements recorded by the police were signed, the learned Magistrate could
not have acted
