Legal Article

Section 162 code of criminal procedure 1973

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 24 Jul, 2023

In the Indian legal system, the Code of Criminal Procedure (CrPC) 1973 is a vital piece of legislation that governs the procedural aspects of criminal trials and investigations. Section 162 of the Code of Criminal Procedure (CrPC) 1973 (CrPC) is particularly significant as it deals with the use of statements recorded by police during the investigation of a criminal case. This blog post aims to provide a comprehensive understanding of Section 162 of the CrPC 1973, delving into its provisions, implications, and key considerations.

Section 162 CrPC: An Overview

Section 162 of the CrPC is titled “Statements to police not to be signed: Use of such statements in evidence.” It pertains to the statements made by witnesses and accused individuals during the course of a police investigation. The section lays down two essential rules:

  1. Statements Not to Be Signed: According to this provision, any person giving a statement to the police during an investigation is not required to sign that statement. This rule is primarily intended to protect witnesses and accused individuals from potential coercion or fabrication of statements by the police.
  2. Limitation on Use of Statements in Evidence: Section 162 further stipulates that no statement recorded by a police officer during the investigation shall be used for any purpose other than contradicting the witness during cross-examination at the trial.

Objective of Section 162 CrPC

The primary objective of Section 162 is to safeguard the rights of individuals involved in a criminal investigation. By not mandating the signing of statements, the section aims to prevent police misconduct and ensure that witnesses and accused persons can provide their statements freely and truthfully. Additionally, by limiting the use of such statements in court, the section seeks to prevent the prosecution from relying on potentially coerced or unreliable evidence.

Key Provisions and Interpretations

  1. Witness Protection: Section 162 plays a crucial role in ensuring the protection of witnesses during police investigations. By allowing witnesses to provide statements without signing them, the section reduces the risk of witness intimidation and encourages individuals to come forward and cooperate with the authorities.
  2. Confession Statements: Though statements made to the police cannot be used as substantive evidence in court, confessions recorded by the police have a separate legal framework. Section 26 of the Indian Evidence Act, 1872, deals with the admissibility of confessions and has specific conditions that must be met for a confession to be admissible.
  3. Contradiction During Cross-Examination: While the statements made during the investigation cannot be used as evidence for proving the guilt of an accused, they can be used by the defense to contradict the statements made by witnesses during their cross-examination in court.
  4. Scope of Cross-Examination: Section 162 allows defense counsel to cross-examine witnesses about their earlier statements to the police. This serves the purpose of testing the veracity and consistency of the witness’s testimony and enables the defense to impeach the credibility of the prosecution’s witnesses.
  5. Inadmissibility in Non-Judicial Proceedings: Section 162 only restricts the use of statements recorded during a police investigation in judicial proceedings. It does not bar their use in other non-judicial proceedings, such as departmental inquiries or administrative actions.

Section 162 of the Code of Criminal Procedure 1973 is a critical provision that upholds the principles of fairness and justice in criminal investigations. By safeguarding witnesses and accused persons from potential police misconduct and restricting the use of statements in court, the section ensures a more reliable and credible criminal justice system. It is essential for legal practitioners, law enforcement officials, and the public to understand and respect the provisions of Section 162 to uphold the integrity of criminal trials and protect the rights of all individuals involved in the investigative process.