unacademy ‘Test Preparation > UPSC > UPSC CSE > Practice & Strategy > Preparation Strategy > Strategy for Mains Code of Criminal Procedure, 1973 LESSON 7 OF 28 Download the Unacademy Learning App to watch this and over 200k more lessons in UPSC, SSC CGL, GATE, Google Play ff @ App Sto CAT and many more categories.CODE OF CRIMINAL ° PROCEDURE, 1973 By: SIDDHARTHA SRIVASTAVA NATIONAL LAW UNIVERSITY (2015)OCCURRENCE REPORT - SEC 157 TO 199 © To be sent by the Police officer registering FIR in a cognizable case to the Judicial Magistrate. After such submission the former may proceed to investigate the case. ©Purpose - The magistrate will have an original copy of the FIR and subsequent foul play by the police can be checked upon. © Moreover it enables the Magistrate to make orders u/s 159. unacademyunacademy SEC 159 © If police officer declares in the occurrence report that he will investigate then Sec 159 becomes redundant. ® Sec 159 invoked when no investigation done. Agree with the Order Treat it asa police investigation Complaint uoPVLINE PUWER IV CALL PVR ALLENVANCE wo oe AND EXAMINATION OF A WITNESS - 160 & oi © Enabling provisions. 160 is for appearance of a person acquainted with the facts of the case. © Police officer on the basis of FIR to decide who to call - witness, accused or victim. © 161 provides for oral examination of witness and accused & u/s 161(3) 1.0. can even record such statements of the witnesses/accused. © This recording to be done only in the course of oral examination. If witness himself hands over the written statement to police, 161(3) not applies.unacademy SEC 1671(CONTD) ® Witness bound to answer truly all questions asked to him pertaining to the case. If refused can be liable u/s 179 IPC. © Not bound to answer self incriminating questions. © Accused also gets the protection of Article 20(3) in this respect - Nandini Satpathy v. P.L. Daniunacademy STATEMENTS MADE TO POLICE OFFICER NOT TO BE USED IN TRIAL-162 © In the course of Investigation. Different from in the course of examination. Eg. Any direct statement made to police officer while not examining. ® Puts a general bar upon evidentiary use of any statements made to police officer. ® Such statements, however, can be used for any other enquiry or trial. ® Exceptions to the rule - Section 162(1) proviso, Dying Declaration, Section 27 Evidence Act, Sec 293 CrPc, Sec 165 Evidence Act.unacademy SEC 162 Requirements of the proviso to 162(1): ® Prosecution witness © Previous statement in writing to police. ® Such statement can be used by defense for contradiction or even by prosecution if hostile witness. © When such contradiction done by defense, prosecution can use the entire statement for re examination to explain the matter appearing in cross examination.CONFESSION BEFORE JM - SEC 164 © Confession can be recorded by JM 1% class only. JM 2°4 class can record only if empowered by High Court. © Confession can be recorded even by a magistrate not having jurisdiction. Subsequently transferred to the area magistrate. © JM to warn the accused that he is not bound to make the confession and it can be used in evidence against him. © Confession to be signed by the magistrate as well as the accused. unacademy