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AIR 2019 SUPREME COURT 3363
Supreme Court Of India
(From: Gujarat)*
Hon'ble Judge(s): Ashok Bhushan, K. M. Joseph , JJ

(A) Criminal P.C. (2 of 1974) , S.161— Examination of witnesses by police - Person named as accused in First Information Report - Can be examined by Police Officer under S. 161. (Para 37) (B) Criminal P.C. (2 of 1974) , S.162— Evidence Act (1 of 1872) , S.25— Statement to police - Evidentiary value - Confession, made to Police Officer, by person named in FIR would be inadmissible having regard to S. 25 of Evidence Act. Person who is named in the FIR, and therefore, the accused in the eyes of law, can indeed be questioned and the statement is taken by the Police Officer. A confession, which is made to a Police Officer, would be inadmissible having regard to S. 25 of the Evidence Act. Bar under Section 162 Cr.PC, no doubt, operates in regard to the statement made to a Police Officer in between two points of time,viz., from the beginning of the investigation till the termination of the same. In a case where statement containing not a confession but admission, which is otherwise relevant and which is made before the investigation commences, may be admissible.(Para 40 41) (C) Constitution of India , Art.20(3)— Statement by accused in police custody - Unless ....

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