IPC Section 162
🔹 IPC Section 162 – Statements to Police not to be used as Evidence
Text of Section 162
"No statement made by any person to a police officer during the investigation shall be used as evidence against him in any court, except the statement made under Section 161(3)."
🔍 Explanation
Section 162 protects individuals by ensuring that statements or confessions made to the police during the investigation phase cannot be used as evidence in a court of law.
🔹 What does this mean?
When the police investigate a crime, they may record statements from witnesses or accused.
Such statements cannot be used as substantive evidence during the trial.
This is to prevent forced, coerced, or involuntary confessions.
It ensures the accused or witnesses are not unfairly prejudiced by statements made without proper legal safeguards.
🔹 Exception – Section 161(3)
The only exception is when the statement relates to the discovery of a fact or thing, such as the location of a weapon or stolen goods.
In such cases, the police can produce this part of the statement as evidence.
🔹 Why is Section 162 important?
It protects the rights of the accused.
Encourages police to follow proper procedures.
Avoids unfair trial or wrongful conviction based solely on statements made in police custody.
Ensures that evidence presented in court is collected lawfully and reliably.
🔹 Difference Between Sections 161 and 162
Section 161: Police can record statements during investigation.
Section 162: Such statements generally cannot be used as evidence in court, except for certain exceptions.
🔹 Practical Implication
If a witness or accused gives a statement to police, the court will not directly rely on it.
Instead, the witness must be examined in court and the statement recorded under Section 161 is used only to test the credibility or impeach the witness if they later change their version.
It encourages fair trial and prevents police from pressuring people into statements.
🔹 Example
If an accused confesses to the police during interrogation, that confession cannot be directly used against him in court. The prosecution must produce other evidence or the accused must repeat the confession voluntarily in court.
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