CrPC Section 162
CrPC Section 162 details the procedure for recording police statements during investigation, ensuring accuracy and voluntariness.
CrPC Section 162 governs how police officers must record statements from witnesses or accused during an investigation. This section ensures that statements are taken voluntarily, accurately, and in a proper manner to maintain the integrity of the investigation process.
Understanding Section 162 is crucial for both police personnel and citizens, as it protects the rights of individuals and upholds the fairness of criminal investigations.
CrPC Section 162 – Exact Provision
This section mandates that all statements recorded by police during investigations must be written down and signed by the person giving the statement. It also requires that the person has the chance to correct or modify their statement before signing, ensuring the statement is accurate and voluntary. This process helps prevent coercion and protects the rights of the individual while maintaining reliable evidence for the investigation.
Statements must be written and signed by the person giving them.
Persons can correct or modify their statements before signing.
Substance of statements included in police reports.
Ensures voluntariness and accuracy in police investigations.
Explanation of CrPC Section 162
Section 162 requires police to write down statements during investigations and get them signed by the person giving the statement. This ensures statements are truthful and voluntary, protecting individuals from forced confessions.
The section mandates written and signed statements.
Affects witnesses, accused, and police officers.
Triggers when a statement is made during investigation.
Allows corrections before signing.
Prohibits unsigned or coerced statements.
Purpose and Rationale of CrPC Section 162
This section exists to maintain the integrity of police investigations by ensuring statements are recorded properly and voluntarily. It protects individuals from forced or false confessions and helps courts rely on accurate evidence.
Protects rights of individuals during investigation.
Ensures proper procedure in recording statements.
Balances police power with citizen rights.
Prevents misuse or coercion in statement recording.
When CrPC Section 162 Applies
Section 162 applies whenever a police officer records a statement during an investigation. It governs the manner and conditions under which statements must be taken to ensure legality and fairness.
Applies during police investigations.
Police officers have authority to record statements.
Statements must be signed by the person giving them.
Corrections allowed before signing.
No exceptions for voluntary statements.
Cognizance under CrPC Section 162
Cognizance under Section 162 is taken when a police officer begins an investigation and records statements from witnesses or accused. The statements form part of the investigation report submitted to the Magistrate, who then takes cognizance of the offence based on the evidence collected.
Police record statements during investigation.
Statements included in investigation report.
Magistrate takes cognizance based on report.
Bailability under CrPC Section 162
Section 162 itself does not deal with bailability but relates to the recording of statements during investigation. The bailability of the offence under investigation depends on the nature of the crime and other relevant CrPC provisions.
Section 162 does not affect bail directly.
Bail depends on offence nature and other sections.
Statements recorded may influence bail decisions.
Triable By (Court Jurisdiction for CrPC Section 162)
Section 162 is procedural and applies during investigation before trial. The trial court jurisdiction depends on the offence under investigation, which may be a Magistrate's court or Sessions court.
Section applies pre-trial during investigation.
Trial court depends on offence severity.
Magistrate or Sessions court tries the case.
Appeal and Revision Path under CrPC Section 162
Since Section 162 concerns investigation procedures, appeals or revisions relate to decisions made during trial or bail hearings. The investigation report including statements can be challenged in higher courts if procedural lapses occur.
Appeals relate to trial or bail orders.
Revision possible if investigation flawed.
Higher courts oversee procedural fairness.
Example of CrPC Section 162 in Practical Use
Person X witnesses a theft and is called by police for a statement. The officer writes down X's account, allows corrections, and obtains X's signature. This statement becomes part of the investigation report, ensuring X's testimony is accurately recorded and voluntary, aiding the case against the accused.
Ensured accurate and voluntary witness statement.
Protected witness rights during investigation.
Historical Relevance of CrPC Section 162
Section 162 has evolved to prevent forced confessions and ensure statements are reliable. Amendments have emphasized voluntary signing and corrections to protect individuals during police investigations.
Introduced to formalize statement recording.
Amended to allow corrections before signing.
Strengthened safeguards against coercion.
Modern Relevance of CrPC Section 162
In 2026, Section 162 remains vital for transparent investigations. It supports digital recording trends and safeguards against misuse of police power, ensuring statements are trustworthy and rights are respected.
Supports digital and written statement integrity.
Protects against coercion in modern policing.
Ensures fair evidence collection for courts.
Related Sections to CrPC Section 162
Section 161 – Police questioning of witnesses
Section 164 – Recording of confessions and statements by Magistrate
Section 173 – Submission of police report
Section 41 – Arrest without warrant conditions
Section 167 – Detention during investigation
Case References under CrPC Section 162
- State of Punjab v. Gurmit Singh (1996, AIR 1393)
– Statements recorded under Section 162 are not substantive evidence but can be used for contradiction.
- Bhajan Singh v. State of Punjab (1993, AIR 1411)
– Emphasized voluntariness and correctness in statements under Section 162.
- Ramesh Chander Kaushal v. Union of India (1964, AIR 1319)
– Statements under Section 162 cannot be used as evidence against accused unless corroborated.
Key Facts Summary for CrPC Section 162
- Section:
162
- Title:
Recording Police Statements
- Nature:
Procedural
- Applies To:
Police, witnesses, accused
- Cognizance:
Taken during investigation by police
- Bailability:
Not applicable
- Triable By:
Depends on offence (Magistrate/Sessions)
Conclusion on CrPC Section 162
CrPC Section 162 plays a crucial role in the criminal investigation process by ensuring that statements recorded by police are accurate, voluntary, and properly documented. This protects individuals from coercion and helps maintain the integrity of evidence submitted to courts.
By mandating written and signed statements with opportunities for correction, Section 162 balances police investigative needs with the rights of citizens. Understanding this section empowers individuals to know their rights during police questioning and supports fair justice delivery.
FAQs on CrPC Section 162
What is the main purpose of CrPC Section 162?
It ensures police record statements in writing, get them signed, and allow corrections, protecting individuals from forced or false confessions during investigations.
Can a person refuse to sign a statement under Section 162?
While signing is required to confirm accuracy, a person can request corrections or refuse if the statement is not voluntary or accurate, which should be noted by the police.
Are statements under Section 162 admissible as evidence in court?
Statements recorded under Section 162 are generally not substantive evidence but can be used to contradict or impeach a witness’s testimony.
Does Section 162 apply to confessions?
No, confessions are recorded under Section 164 by a Magistrate. Section 162 applies to statements recorded by police during investigation.
Who is responsible for recording statements under Section 162?
The police officer conducting the investigation is responsible for writing down, allowing corrections, and obtaining signatures on statements under this section.