Satya Dash Advocate Odisha Hig (Advocate at Odisha High Court Cuttack ) 09 April 2020
Anila Sabu 07 February 2022
According to Section 162 of the CrPC no statement made by a person to the police officer should be used, the statement is said to have zero evidentiary value and isn’t considered as a substantive piece of evidence.
This is due to the facts that this statement is not given under oath, it is not cross examined and can be given under unfavourable conditions like that of duress or undue influence.
An FIR too, though it is a formal report, can be given under similar circumstances.
FIRs too, cannot be taken as substantive pieces of evidence. This is because these statements aren't taken under oath and hence are often fabricated, manipulated and tainted moreover, these statements don't get cross-exanimated in courts and are not made during the proceedings or during trial.
Hence, FIRs can be hit by Section 162 of the CrPC.
Furthermore, like you have mentioned, oral information reduced into writing can be hit by section 162 of the CrPC.
This would also include that of Section 154 Sub-clause 1: - this sub cluse deals with the verbal and non-verbal communication between the informant and the police officer.
It states that if the information is given in a written format, then all the officer needs to do is record the same in his station diary however, if the details is given to him/her in an oral form then he/she must reduce the same into a written form then read an equivalent out to the informant and then finally take the signature of the informant and then record it into the station diary.
Here it is evident that oral information that is reduced to written form is also used as FIR statements.
Anila K. Sabu
Aryan Raj 08 February 2022
Can you provide a case law for reference and better understanding.
Anila Sabu 08 February 2022
In response to your query,
Samir Swain Alias Samir Kumar vs State Of Orissa on 27 December, 2002
Prem Shanker And Anr. vs State Of Rajasthan on 5 April, 2002
Mohanlal vs State Of M.P. on 23 August, 1989
Dhiren Garai And Another vs The State Of West Bengal on 19 April, 2011
In all of these cases the FIR got hit with Section 162 of the CrPC, I hope I have answered your question and you find these references helpful.
Anila K. Sabu