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'ADMISSION' MADE TO THE POLICE OFFICER BEFORE COMMENCEMENT OF ENQUIRY IS ADMISSIBLE IN COURT: Supreme Court

Team SoOLEGAL 25 Apr 2019 12:13pm

'ADMISSION' MADE TO THE POLICE OFFICER BEFORE COMMENCEMENT OF ENQUIRY IS ADMISSIBLE IN COURT: Supreme Court

Supreme Court bench comprising of Justice Ashok Bhushan and Justice KM Joseph made an observation that the bar under Section 162 CrPC is operative in relation to statements made to a Police Officer in between two points of time, viz., from the beginning of the investigation till the termination of the same.

Such observation was made while hearing an appeal which was filed by Dipakbhai Jagdishchandra Patel. The appellant had challenged the Trial Court and High Court orders by which he was refused to be discharged from the charges levied on him for the offences under Sections 489B and 489C of the Indian Penal Code, 1860. The admissibility of Section 161 statement made by him was also challenged. The Trial Court had framed charges against him on the basis of this Section.

The Apex Court has noted that if a statement is made by the accused to the Police Officer even before the commencement of investigation, then it can be legally counted as an admission, provided that it does not contain a confession. Also, a person in whose name the FIR is lodged can be questioned and his statement can be taken by the Police Officer under Section 161 of Code of Criminal Procedure.

The accused was discharged and the impugned Orders were set aside. It was also reiterated that the if the co-accused makes a confession which contains incriminating matter against a person, such statement will not be enough to frame charges against the accused.

Tagged: Justice Ashok Bhushan   Justice KM Joseph   Supreme Court   Admission   Police Officer   Admission   Code of Criminal Procedure   Indian Penal Code  
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