Report No. 154

40. Amendment of section 160A

Do you suggest that the aforesaid clauses may be incorporated as section 160A means only to cover rape and arrest even in the event of removal of sections 161 and 162?

41. Deletion of section 162, Cr. P.C. and change in the mode of recording under section 161

The Fourth Report of the National Police Commission has observed that recording of witnesses' statements by the police during investigation provide scope for arguments based on contradictions, however trivial or natural they might be in the circumstances of any particular case. It, therefore, recommended to do away with the detailed recording of statement as made by a witness in the course of investigation under section 161 and substitute in its place a revised arrangement in which the investigating officer can make a record of the facts as ascertained by him on examination of a witness.

However, it may be considered by you whether section 162 of the Cr. P.C. should be dispensed with regarding recording of statements of witnesses and instead the statement of important witnesses be recorded under section 164 of the Code of Criminal Procedure. If so, what should be the types of offences in respect of which recording of statements of witnesses under section 164, Cr. P.C. should be resorted to?