Difference between section 161 and section 164 of CrPc

SECTION 161 OF THE CODE OF CRIMINAL PROCEDURE, 1973

EXAMINATION OF WITNESSES BY POLICE

Statement before a police officer. It never happens on oath. According to the CrPC statement recorded before any investigating police officer is not admissible in the court. The underlying principle behind this is that no police officer could force any person alleged with charges to confess anything that that police officer wants. this section is meant to avoid the abuse of police officers' power.

 

 SECTION 164 OF THE CODE OF CRIMINAL PROCEDURE, 1973

RECORDING OF CONFESSIONS AND STATEMENTS  

Statement and confession before Metropolitan magistrate or Judicial magistrate. Any statement recorded before the metropolitan magistrate will be on oath and the statement recorded will be admissible in the court. But it is always advisable that MM satisfy himself that statement given by the person alleged with charges or accused is giving his statement voluntarily.

Voluntarily, genuine and Trustworthy confession can be the sole ground for conviction. There is a concept of retracted confession also. In case of retracted confession, it requires to be corroborated to make it ground for conviction