(Police Interrogation and Safeguards)
A police officer making investigation under Chapter XII can examine the witnesses acquainted with the facts of the case. Section 160 deals with the power of Police Officer to require attendance of those persons who would supply the necessary information in respect of the commission of an offence and would be examined as witness in inquiry or trial therefor. This Section applies only to possible witnesses in the trial or inquiry.
Section 161 enables the police to examine the accused during investigation. Article 20(3) of the Constitution says that no person accused of any offence shall be compelled to be a witness against himself. In Nandini Satpathy Case, the Supreme Court got the opportunity to examine the relative scope of Article 20(3) and Section 161(2) of the Code.
Section 162 is about evidentiary value of statements made before the police. This is a great safeguard as it imposes a general bar against the use of a statement made before the police except for the limited purpose set out in the proviso. It was intended to protect the interest of the accused. Section 163 prohibits a police-officer or a person in authority from offering or making any inducement, threat, or promise as is mentioned in Section 24 of the Evidence Act.
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