Description

1. No statement made by any person to a police officer during an investigation under this Chapter shall, if reduced to writing, be signed by the person making it.
2. Such statements, whether recorded in a police diary or otherwise, shall not be used as evidence in any inquiry or trial regarding the offence under investigation, except as provided below.

Exceptions:

• If a prosecution witness has had their statement reduced to writing, any part of it, if duly proved, may be used by the accused, and with the Court’s permission, by the prosecution, to contradict the witness under Section 145 of the Indian Evidence Act, 1872 (1 of 1872).
• If any portion of the statement is used for contradiction, it may also be re-examined to clarify matters raised during cross-examination.

Exclusions:

• This provision does not apply to statements falling under Clause (1) of Section 32 of the Indian Evidence Act, 1872, which deals with dying declarations.
• Nor does it affect the provisions of Section 27 of the Indian Evidence Act, 1872, which relates to information leading to the discovery of facts.