CrPC Section 162
Section 162 of the Criminal Procedure Code (CrPC), 1973 – Statements to Police Not to Be Signed or Used as Evidence
Overview:
Section 162 of the CrPC deals with the procedure and admissibility of statements recorded by the police during the investigation of a case. It specifically provides that statements made to the police cannot be signed by the person making them, nor can they be used as evidence in a trial, except in certain circumstances.
Text of Section 162 (Simplified):
No person is compelled to sign a statement made to a police officer.
Such statements shall not be used as evidence against the person making them during the trial.
The purpose is to prevent compulsion or coercion by the police during investigation.
Detailed Explanation:
Purpose of Section 162:
To ensure that statements made during police investigation are given voluntarily and without coercion.
To safeguard the rights of accused persons and witnesses.
To prevent misuse or manipulation of statements recorded by the police.
Statements Recorded by Police:
These include statements from accused, witnesses, or other persons during the investigation.
Police record these statements to gather evidence and understand the case.
No Obligation to Sign:
The person making the statement cannot be forced to sign it.
Signing is not mandatory for the statement to be recorded or valid for investigation.
Non-Admissibility in Trial:
Statements recorded under Section 162 are not admissible as substantive evidence in court.
This means such statements cannot be used to prove the guilt or innocence of the person who made them.
Exceptions:
These statements can be used for contradicting or impeaching the witness if their testimony during trial differs from the statement given to police.
They can also be used to show previous inconsistent statements or bias.
Significance:
Encourages voluntary and truthful statements without fear of forced signing.
Protects against coercive tactics and preserves fairness in criminal trials.
Practical Implications:
An accused person or witness can refuse to sign their police statement, and it will not affect the investigation.
During trial, only court-recorded statements (such as those under Section 161 or statements made during examination) carry evidentiary value.
Police statements help guide investigation but are not considered direct proof.
Summary:
Section 162 of the CrPC ensures that statements made to the police during investigation are not signed compulsorily and cannot be used as evidence in trial, except to challenge the credibility of a witness. This protects individuals from coercion and ensures fair trial rights.
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