I Assertion It is true that the ban imposed by section 162 CrPC against the use of a statement...........

Indian Evidence Act (IEA) 1872 Examination of Witnesses

(I) Assertion: It is true that the ban imposed by section 162 CrPC against the use of a statement of witness recorded by the police during the investigation is very sweeping.

(II) Reason: The restrictions given under section 162 CrPC cannot limit the power of the court under section 165 Evidence Act because Judge’s right is not to unfold the truth

only but his duty to intervene with his own questions.

Both (I) and (II) are correct but (II) is not the true explanation of (I).

Both (I) and (II) are correct but (II) is the correct explanation of (I).

The restrictions given under section162 CrPC limits the power of the court given under 165 Evidence Act

(I) is wrong but (II) is right

Explanation:

Section 165 of the Act, a court is authorised to make use of statements made by witnesses during the course of investigation. [Raghunandan vs. State of U.P, AIR 1974 SC 463]