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BBA LLB   02 February 2021

Academic query

Hey there guys, my question is all about the evidentiary value of statement recorded with police. My question is Does confession of an accused given to police that he killed the victim under grave and sudden provocation caused himself is admissible in evidence?


 1 Replies

Pankhuri Dhruvastha   03 February 2021

Hi there!

The evidenciary value of a statement made to a police officer is governed by Section 162 of the CrPC.  

A statement recorded by a police officer during investigation is neither given on oath, nor is it tested by cross examination. According to the law of evidence, such a statement is not an evidence of facts stated therein, and therefore it is not considered as substantive evidence. This was upheld in Sewaki v. State of Himachal Pradesh (1981 Cri LJ 919).

Elucidation: Section 162 prohibits the use of the statements made to the police during the course of the investigation on the assumption that the police cannot be trusted for recording the statements correctly and that the statements cannot be relied on by the prosecution for the corroboration of their witnesses  as the statements might be of self-serving nature.

However, there is not a total ban on the use of the statements made to the police officers (as provided by the proviso to Section 162(1) and subsection (2) of 162. In Khatri v. State of Bihar (1981) 2 SCC 505, it was held that the object of the section is to protect the accused both against over-zealous police officers and untruthful witnesses.

Therefore, grave provocation or not, a statement given to the police officer is not admissible in court.

Hope this clears your doubt!

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