Can any body explain me the concept of Section 145 and 157 of Evidence Act and section 162 of Cr.pc.Is there any linkege between thwese sections?I am very confused.
Himanshu Dawra (CS) 21 April 2012
Can any body explain me the concept of Section 145 and 157 of Evidence Act and section 162 of Cr.pc.Is there any linkege between thwese sections?I am very confused.
ANIL (HR) 21 April 2012
There is a linkage between 145 Evidence act and 162 Cr.p.c
As per S.162 Cr.p.c. a statement recorded by the police u/s 161 cannot be used for any purpose except for the purpose of contradicting the witness at the trial by his statement recorded u/s 161. S145 of Evidence act explaints the procedure as to how that contradiction can be brought on record.
S.157 deals with corroboration of a witness at the trial by his previous statement. Statement recorded under 161 is the previous statement of the witness. However on account of specific bar contained in S.162 Cr.P.c. S.161 statements cannot be used for corroborating a witness u/s 157 of Evidence act.