Section 162 IPC: Applicability under Prevention of Corruption Act 1988

1. Code

**Section 162 of the Indian Penal Code (IPC)** states: “No confession made to a police officer, or to any other person, by a person accused of any offense, shall be proved as against such accused person.

2. Explanation

This section of the IPC prohibits the use of confessions made to a police officer or any other person by a person accused of an offense as evidence against them. This means that a confession made during interrogation by the police cannot be used in court to prove the accused’s guilt.

The rationale behind this rule is to prevent the police from coercing confessions out of suspects through torture, intimidation, or other unlawful means. It is believed that confessions obtained under duress are not reliable and can lead to wrongful convictions.

3. Illustration

Imagine a person is accused of theft. The police interrogate him and he confesses to the crime. However, the confession is made after the police threatened him with physical harm. In this case, the confession would be inadmissible as evidence under Section 162 IPC because it was obtained through coercion.

4. Common Questions and Answers

Q: Does Section 162 IPC apply to all confessions?
A: No, Section 162 IPC only applies to confessions made to a police officer or any other person. Confessions made to other authorities, such as a magistrate, are not covered by this section.

Q: Can a confession made to a police officer be used for any purpose?
A: While a confession made to a police officer cannot be used as evidence against the accused, it may be used for other purposes, such as corroborating other evidence or for the purpose of investigation.

Q: What is the relevance of Section 162 IPC in the context of the Prevention of Corruption Act 1988?
A: The Prevention of Corruption Act 1988 deals with offenses related to corruption. Section 162 IPC is relevant because it may apply to confessions made by individuals accused of corruption offenses. The Act itself does not have a provision similar to Section 162 IPC but it’s important to remember that general principles of criminal law, like those enshrined in the IPC, still apply.