Summary
Section 162 of the Code of Criminal Procedure only bare proof of statement made to an investigating officer during the course of investigation. It does not say that every statement made during the period of investigation is barred from being proved in evidence. For a statement to come within the purview of s. 162, it must not merely be made during the period of investigation but also in the course of investigation. The two things, "the period of investigation" and "Course of investigation" are not synonymous. Section 162 is aimed at statements recorded by a Police Officer while investigating into an offence. This is clear from the opening words s. 162. They speak only of statement made to a police officer during the course of investigation. This implies that the statement sought to be excluded from evidence must be ascribable to the enquiry conducted by the investigating office and not one which is de-hors the enquiry.
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Extract
Baleshwar Rai And Others VS. The State Of Bihar
PETITIONER: BALESHWAR RAI AND OTHERS Vs.RESPONDENT: THE STATE OF BIHARDATE OF JUDGMENT: 26/04/1962BENCH: ACT: Criminal Procedure-Statement made to investigating officer- If and when barred from being proved in evidence--"The period of investigation" and "Court of investigation"--If Synonymous-Code of Criminal Procedure (Act V of 1898), s.162.JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeals Nos. 176 to 178 of 1961.Appeals by special leave from the judgment and order dated August 10, 1961, of the Patna High Court in Cr. A. No. 152 of 1961 and Death...
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