Section 162 CrPC: Statements to Police – Admissibility in Evidence

1. The Code:

Section 162 of the Code of Criminal Procedure, 1973 (CrPC) deals with the admissibility of statements made to the police during an investigation.

2. Explanation:

Section 162 states that any statement made by a person to a police officer during an investigation is:

• Not admissible in evidence against the person who made it, in any inquiry, trial, or other proceeding.
• Admissible in evidence in certain specific circumstances, as detailed in the section.

This section aims to protect individuals from self-incrimination and ensure that statements made under duress or pressure are not used against them in court.

3. Illustration:

Suppose a person is arrested by the police for theft. During questioning, the person confesses to the crime. This confession, made to the police officer, is inadmissible in court against the person under Section 162.

However, if the person later contradicts their testimony in court, the statement made to the police can be used to prove the inconsistency.

4. Common Questions and Answers:

Q: Can any statement made to the police be used in court?

A: No. Only certain statements, as specified in Section 162, are admissible in evidence.

Q: What are the circumstances under which statements to the police can be admitted as evidence?

A: Statements can be used for:

• Contradicting a witness’s testimony in court.
• Proving the witness’s previous statement.
• Proving the person’s conduct.

Q: Can the accused be forced to give a statement to the police?

A: No. The accused has the right to remain silent and cannot be compelled to give a statement to the police.