What CrPC 164?Asked by: Mrs. Wilhelmine Rolfson V | Last update: December 30, 2022
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Section 164 CrPC talks about the statements recorded by Magistrate: Sub Section (1) authorizes the Magistrate to record the statement of a person or his confession, no matter whether he possess jurisdiction in the case. If he does not possess such jurisdiction sub-section (6) will apply.
What is the statement of 164?
Section 164 of the code gives power to the Metropolitan Magistrate or judicial magistrate to record confession and statements during the course of investigation under chapter 12 or under any law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.
In which case it was held that section 164 of CrPC is required to be strictly complied with?
A statement made by the witness under section 164 CrPC can be used for the purpose of cross-examining him and discrediting his evidence in the session's court. Supreme court in Kashmira Singh V. State of M.P answered the question as of the use of the statement in the trail.
Who can record the confession?
Section 164 of the Criminal Procedure Code deals with the magistrate's power to record a confession and other statements. The confession so recorded can be used as substantive evidence.
How confession and statement are recorded?
(a) Statements or confessions made in the course of an investigation can be recorded only by a Magistrate of the first class or a Magistrate of the second class who has been specially empowered by the State Government. (b) Confessions must be recorded and signed in the manner provided in section 364.
Section 164 CrPC || Theoretical & Practical Explanation ||
Is IPC 164 bailable?
IPC 164 is a Non-Bailable offence.
What is the procedure after 164 statement?
After recording such statement of witness a magistrate should endorse his certificate at the foot of such statement. The statement recorded under section 164 of the code is the public document according to the section 74 of the Evidence Act. Such statement is admissible in evidence under section 80 of the Evidence Act.
Can accused get copy of 164 statement?
As logical extension of the directions passed by this Court, no person is entitled to a copy of statement recorded under Section 164 of the Code till the appropriate orders are passed by the court after the charge-sheet is filed.
Can 164 statement be recorded twice?
It is not necessary at every time that a Magistrate shall record the statement only upon the instance of Police or IO. A statement under Section 164 of the Code has to be recorded either during an investigation or anytime afterward but before the commencement of the inquiry or trial.
Can witness change statement?
Yes, there are cases where witnesses are offered inducements to change their testimony.
Who can record the confession under section 164 of CrPC?
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the ...
Can confession be made during trial?
Judicial confessions are those which are made to a judicial magistrate under section 164 of Cr. P.C. or before the court during committal proceeding or during trial. 1. Extra-judicial confession are those which are made to any person other than those authorized by law to take confession.
Can confession to police be admissible?
Section 25 clearly provides that confession made to a police officer cannot be proved against the accused. Reason: Confessions to police officers are made inadmissible to prevent the torture of the accused at the hands of police in order to extract confessions.
Can FIR be used as evidence?
An FIR is not a substantive piece of evidence. The Court has to consider other evidence for deciding whether a case should stand or fall. An FIR, being not a substantive evidence, it can be used as a previous statement for the purposes of either corroborating its makers or for contradicting him.
What is real and personal evidence?
Real evidence of a fact is brought to the knowledge of the court by inspection of a physical object and not by information derived from a witness or a document. Personal evidence is that which is afforded by human agents, either in way of disclosure or by voluntary sign.
What Crpc 161?
"A statement recorded under Section 161 Cr. P.C. can be used only to prove the contradictions and/or omissions." The Supreme Court has reiterated that a statement recorded under Section 161 of the Code of Criminal Procedure is inadmissible in evidence and cannot be relied upon or used to convict the accused.
What is the evidentiary value of statement under section 164 CRPC?
Evidentiary Value: S. 164 Cr. P. C. Statement can be used for corroboration or contradiction made in the Court in the manner provided u/s.
Can a chargesheet be filed without statement of accused?
Though it is not mandatory to record such statements, however, if any statement has been recorded, the police officer is obliged to mention the same in the charge-sheet.
Can I refuse to give a statement to the police in India?
Answers (1) The Police can issue a legal notice under provisions of criminal procedure code and you have then to appear before the IO But any statement if made by you before the Police incriminating yourself shall not be admissible in law. You can not be compelled or forced to make any statement against your husband.
Can a complainant be a witness?
...the petitioner/complainant is also shown as a witness in the defence witness list filed by the accused. The complainant does not want to examine himself.
Can police register FIR based on confession statement of accused?
It is neither confessional nor a statement, the court held. New Delhi: The Supreme Court has noted that information received from people while police conduct a discreet or open enquiry before an FIR is filed cannot be recognised as a 'statement' under the Code of Criminal Procedure's Section 160.
What is statement of accused?
The statement of the accused can be used to test the veracity of the exculpatory of the admission, if any, made by the accused. It can be taken into consideration in any enquiry or trial but still it is not strictly evidence in the case. The provisions of Section 313 (4) of Cr.
Can I retract a statement given to police?
How to change or withdraw your statement. Tell the police officer in charge of the case as soon as possible. The police will probably want you to give evidence in court to help settle the case. Don't feel pressured to do anything you don't want to - you should do what feels right.
What is confession and statement?
Confession is a statement made by an accused, in which he admits to the commission of offence alleged. Confession is nothing but an admission. Admissions are made in both proceedings – civil as well as criminal.
What IPC 165?
IPC 165 Offence: Public servant obtaining any valuable thing, without consideration, From a person concerned in any proceeding or business transacted by Such public servant.