In the case of Khatri and Others v. State of Bihar
& Ors., AIR 1981 SC 1068, this Court has held that Section
162 Cr.P.C. bars the use of any statement made before the
police officer in the course of an investigation under Chapter
XII, whether recorded in the police diary or otherwise.
However, by the express terms of Section, this bar is applicable
only where such statement is sought to be used `at any inquiry
or trial' in respect of any offence under investigation at the time
when such statement was made. If the statement made before
a police officer in the course of an investigation under Chapter
XII is sought to be used in any proceeding, inquiry or trial in
respect of an offence other than which was under investigation
at the time when such statement was made, the bar of Section
162 will not be attracted.
(Headnote-B)
In the case of Kans Raj v. State of Punjab & Ors., AIR 2000
SC 2324, a 3-Judge Bench of this Court dealt with Section
32(1) statement made by the deceased who had allegedly died
due to dowry harassment and in para 10 held as under: