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
Munna Pandey vs State Of Bihar on 4 September, 2023
Bench: Prashant Kumar Mishra , B
cognisable offence under Chapter XIV of the Code of Criminal Procedure . Section 162 , Cr.P.C. is a special provision and overrides the provisions contained ... down in Section 157 of the Evidence Act is controlled by the special provisions contained in Section 162 of the Criminal Procedure Code. In Emperor
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
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
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
witness to the Police in an investigation under Section 162 , Criminal Procedure Code, can be filed, or exhibited, or, in short, used, when the witness ... clear therefore that a statement under Section 162 , Criminal Procedure Code, cannot be used during an inquiry or trial in order to show that
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
PETITION No.824 of 2013
ORDER:
Does Section 154 of the Criminal Procedure Code, 1973 (hereinafter called
" Cr.P.C ") permit registration ... information
received under Section 154 and the names of the witnesses, whose statements are
recorded under Section 161 and 162 Cr.P.C, also form
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
