SEC.162 OF CR.P.C.

Part of S.162 is a clause that prohibits the use of a statement made to the police ‘at any inquiry or trial in respect of any offence under investigation'. This would mean that the Code of Criminal Procedure, 1973 contains a specific bar on statements made to the police when they were recorded with respect to the offence in question. While such a statement would be admissible for an offence under POTA or TADA, as they make a specific exception for this purpose, they are clearly not admissible for any offence that is governed by the Code. Reading the last line of S. 32(1) of POTA and the clause of S. 162 referred to above, the implication may be that the confession obtained under the POTA cannot be admitted as evidence for an offence governed by the Code. However, the proviso to S. 162 still remains – this may still be used with S. 27 of the Indian Evidence Act, 1872, and also for the purposes of contradiction according to S. 145 of the Indian Evidence Act, 1872. Thus, while the statement itself cannot be used, the investigating authorities may use the statement for the purpose of building their case. In the end the fact remains that although a confession may be wiped off the record for an offence other than the one under POTA, it cannot be wiped from the minds of the judges.