TARGET JUDICIARY

Recording of confessions and statements: The confessional statements recorded under this section are substantive evidence but a non-confessional statement recorded under this section is not substantive evidence and it can be used for corroborating or contradicting the witness making such statement in the trial. The mode of recording a confession is different from that of other statements. This section applies only to confessions which are made out of free will and voluntarily. It is now a settled law that Section 164 does not merely deal with the manner of recording the confession and statements, but it also deals with their admissibility and relevancy as evidence in the trial. The Supreme Court has ruled that the confession or statement made to a Magistrate in course of police investigation must be reduced to writing and by virtue of Section 90 of the Evidence Act; the Magistrate would not be competent to give oral evidence of such statement having been made by the accused Sub-se

Statements to police not to be signed: Use of statements in evidence: This section protects the person making statement during police investigation under duress or inducement. The Code allows police officer to record statements of witnesses with a view to facilitating investigation of the offence. But if such statements are made under duress or inducement, they are rendered inadmissible in evidence because they cannot be said to be free and fair statements made voluntarily. As rightly pointed out by the Apex Court, the object of Section 162 is “to protect the accused both against overzealous police officers and untruthful witnesses.” It cannot be used for corroborating a witness but it can certainly be used to contradict him by a police statement. Where a person appears as a defence witness in a trial, his former statement made before the police cannot be used for contradicting him because it would be against the accepted norms of justice to allow a witness to be contradicted by a s

1. Where the allegation made in the First Information Report or the Complaint , even if they are taken at their face value and accepted in their entirety do not prima facie constitute an offence and make out a case against the accused. 2. Where the uncontroverted allegation made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused . 3. Where the allegation in the FIR do not constitute a cognizable offence but constitute a non cognizable offence , no investigation is permitted by a police officer without an order of a Magistrate as contemplated under section-155(2) 4. Where the allegation made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent men can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 5.where there is an express legal bar engrafted in any provision of the code against th

1. Where it manifestly appear that there is legal bar against the institution or continuance. 2. Where the allegation in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged. 3.where the allegation constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge

Inherent power is an exception not the rule, it is not conferred upon the body rather they exist per se because the body exist with the purpose. It only saves the inherent power which the court possessed before the enactment of code. It merely acknowledges and declare the existence of such power . It envisage three circumstances under which inherent power may be exercised 1. To give effect to an order under the code . 2. To prevent abuse of the process of court 3. To otherwise secure the ends of Justice. Section-482 cr.p.c uses the word Nothing in the code instead of Notwithstanding . The inherent power are saved by section-482 from any adverse effect by the express provision of cr.p.c if the word Notwithstanding being used it would amount to conferring and overriding power of the High Court. ~~firstly, inherent power cannot be conferred ~~secondly, it is in the very nature of the things that inherent power are complementary in the express provision and not against the provision