fall under any prohibited category mentioned in Section 165 of 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
taken into consideration in view of the
proviso to Section 162 of Cr.P.C. No doubt, Smt. Dillon
-33- Crl.A.1402/2012 ... made before the
police u/s.161 of Cr.P.C. Section 162 of Cr.P.C. is the
relevant provision which reads as follows
such kind of statements as
may expose him to criminal charge. What section 162 of
Cr.P.C. prohibits is making use of statements ... contemplated in section 161 of Cr.P.C. to say that section
162 of Cr.P.C. becomes applicable. The two decisions
referred
statement of PW 1 recorded
under Section 161 CrPC.
- 47 -
15. Section 161 CrPC titled "Examination
of witnesses by police ... police statement recorded under
Section 161 CrPC can be used at any trial are
indicated in Section 162 CrPC. Section 162
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
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
Section 162 Cr.P.C., provides mandatory procedure for
use of statements recorded under section 161 Cr.P.C.
26. Section 162 ... Code is controlled by Section
162 of the Code. The proviso which actually
controls the use of Section 162 of the Code reads
thus:-
"Provided
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
witnesses to those panchanamas which are really speaking statements under Section 162 Cr.P.C. It was mentioned at the bar that those statement, were ... presumed to be well aware of the mandate given under Section 162 Cr.P.C. It is reasonable to assume that he also knew
concocted one. The complaint Ex. P-1 - is hit by Section 162 Cr.P.C. as Ex. P-21 - the phone meassage will ... police subsequently would be hit by Section 162. Since it was hit by Section 162 it was inadmissible in evidence."
Similarly
