Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Statement made to investigating officer Code of Criminal Procedure 1898 If and when barred from being proved in evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Procedure—Statement made to investigating officer—If and when barred from being proved in evidence— The period ‘of investigation’ and “Course of investigation” — If, Synonymous—Code of Criminal Procedure (Act V of 1898), 8. 162,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. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1962 INSC 167 |
Petitioner | Baleshwar Rai And Others |
Respondent | The State Of Bihar |
SCR | [1963] 2 S.C.R. 433 |
Judgement Date | 1962-04-26 |
Case Number | 176 |
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