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Are Witness Statements During Investigation Hit by Section 162 CrPC?

In criminal trials across India, the admissibility of witness statements recorded during police investigations often hinges on Section 162 of the Code of Criminal Procedure (CrPC), 1973. This provision is frequently invoked when defendants challenge evidence, arguing that a statement made by witness during investigation hit by 162 Crpc. But what does this mean in practice? Does every utterance to police fall under this bar? This blog post breaks it down using landmark judgments, helping you grasp the nuances without needing a law degree.

Note: This is general information based on judicial precedents. Legal outcomes depend on specific facts. Consult a qualified lawyer for advice tailored to your situation.

What is Section 162 CrPC?

Section 162 CrPC restricts the use of statements made by any person to a police officer during an investigation under Chapter XII CrPC. The key rule: Such statements are not admissible as evidence in court, except:
- For contradicting the witness during trial (per proviso to Section 162, linked to Section 145 of the Indian Evidence Act, 1872).
- Portions leading to discovery of facts (under Section 27, Evidence Act).

The objective? Prevent reliance on potentially coerced or unreliable police-recorded statements, ensuring fair trials. As held in a Supreme Court case, these statements can only contradict testimony if material omissions exist—ones a witness would naturally mention. Omissions aren't contradictions unless significant. Tahsildar Singh VS State Of U. P. - 1959 Supreme(SC) 88

Core Purpose

• Protects accused from fabricated evidence.


• Allows prior statements solely for impeachment, not substantive proof.

When is a Witness Statement 'Hit' by Section 162?

Not every interaction with police triggers Section 162. It applies strictly to statements during investigation of a cognizable offense.

Key Triggers

• Oral or written statements to police in course of probe (Sections 161/162 CrPC). Tahsildar Singh VS State Of U. P. - 1959 Supreme(SC) 88


• Investigation commencement: Starts when police record info suggesting a cognizable offense (post-FIR or equivalent). Cryptic calls merely summoning police aren't FIRs or statements under 162. Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190

In one case, telephonic messages to rush police to a scene weren't hit by 162, as they lacked offense details. Only later detailed statements qualify. Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190

What Doesn't Qualify?

• Panchnamas/Mahazars: Records of what panch witnesses observe, not 'statements to police.' Purpose is contemporaneous noting, not informing police. Not hit by 162. VISHNU KRISHNA BELURKAR VS State of Maharashtra - 1974 Supreme(Bom) 35 VALIBHAI OMARJI VS STATE - 1962 Supreme(Guj) 19


• FIRs: If not part of ongoing investigation. Confessional FIRs may aid accused in mitigation. Ganesan vs State through The Inspector of Police - 2024 Supreme(Mad) 2479


• Pre-investigation info: Like initial missing person reports turning into murder probes. Subsequent cognizable offense reports are admissible. Inspector of Police VS Chalaki Bhaskar - 2024 Supreme(AP) 474 Inspector Of Police VS Chalaki Bhaskar - 2024 Supreme(AP) 787


• Customs officer statements: Under Customs Act Sections 107/108, not barred by 162 or Evidence Act Section 25. Collector of Customs, Madras VS Rotumal Bherumal - 1965 Supreme(Mad) 261

A panchnama is merely a record of what a panch sees... can be used to refresh memory. VALIBHAI OMARJI VS STATE - 1962 Supreme(Guj) 19

Exceptions: When Statements Become Admissible

Even 'hit' statements aren't wholly excluded:
1. Contradiction: Accused can use u/s 145 Evidence Act if confronted properly. Failure to confront vitiates trial if prejudicial. Siyaram Sirdar S/o Madhau Ram VS State of Chhattisgarh - 2024 Supreme(Chh) 373
2. Discovery: Fact-leading parts u/s 27 Evidence Act. But Section 162 may override if not distinctly leading to discovery. Naresh Chandra Das VS Emperor - 1941 Supreme(Cal) 289
3. Dying Declarations: Admissible u/s 32 Evidence Act if compliant, despite 162. JAMIRUDDIN MOLLA VS STATE - 1990 Supreme(Cal) 159
4. Approver Statements: Prior statements must be supplied pre-trial u/s 173(4); non-supply denies cross-exam rights. Balwant Singh VS State C. B. I. , S. P. E. , New Delhi - 1977 Supreme(AP) 243

In Parliament attack case, POTA confessions u/s 32 weren't usable against co-accused u/s 162 or Evidence Act Section 30. State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - 2005 5 Supreme 414

Landmark Supreme Court Rulings

Courts have clarified via precedents:

1. Nanak Chand v. State of Punjab (Scope of Charges, Linked to 162 Errors) Willie (William) Slaney VS State Of M. P. - 1955 Supreme(SC) 92

Sections 225, 232, 535 and 537(a) of the Code between them cover every conceivable type of error... whatever the irregularity it is not to be regarded as fatal unless there is prejudice.

2. Indira Gandhi Murder Case (Confession Compliance) Kehar Singhs VS State (Delhi Administration) - 1988 Supreme(SC) 475

Magistrate warnings cured recording defects u/s 463 CrPC. Voluntary confessions post-warning admissible despite form issues.

3. Parliament Attack (Mohd. Afzal Case) State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - 2005 5 Supreme 414

POTA Section 32 confessions admissible against maker but not co-accused. Section 10 Evidence Act inapplicable post-arrest.

4. Jessica Lal Murder (Manu Sharma) Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 2010 3 Supreme 190

Cryptic calls not FIRs; later statements are. PCR calls, ocular evidence corroborated presence.

5. Tukaram S. Dighole Case (Panchnama Admissibility) VISHNU KRISHNA BELURKAR VS State of Maharashtra - 1974 Supreme(Bom) 35

Panchnamas not statements to police; mere records of observations.

| Case ID | Key Holding |
|---------|-------------|
| Tahsildar Singh VS State Of U. P. - 1959 Supreme(SC) 88 | Omissions = contradictions if material. |
| Bhootapati Aseervadam VS State - 1956 Supreme(AP) 50 | Breach of 162 doesn't auto-vitiate; check prejudice. |
| Arumugam VS State by Inspector of Police - 2003 Supreme(Mad) 1942 | Extra-judicial confessions need corroboration. |

Practical Implications for Cases

• Prosecution: Rely on trial testimony, not 161 statements. Corroborate with independent evidence.


• Defense: Demand copies u/s 173(5); confront contradictions.


• Courts: Assess prejudice. No per se vitiation. Bhootapati Aseervadam VS State - 1956 Supreme(AP) 50

In acquittals, weak 162-barred evidence + inconsistencies led to doubt. E.g., unreliable eyewitnesses, non-confronted priors. Arumugam VS State by Inspector of Police - 2003 Supreme(Mad) 1942

Common Misconceptions

• All police interactions barred? No—only investigative statements.


• Hostile witnesses? Their 161 statements still limited to contradiction.


• Digital/Call Records? Admissible as secondary evidence u/s 65B Evidence Act, not 162. State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - 2005 5 Supreme 414

Key Takeaways

• Witness statements during investigation are typically hit by Section 162 CrPC, barring substantive use.


• Exceptions exist for contradiction, discovery.


• Panchnamas, FIRs often escape the bar.


• Always check prejudice; Supreme Court emphasizes fair trial over technicalities.

Understanding these rules ensures robust defenses and prosecutions. For deeper dives, review full judgments on platforms like SCC Online.

Disclaimer: This post simplifies complex law. Variations occur case-to-case. Not legal advice—seek professional counsel.