Can a magistrate record confession of an accused before commencement of investigation under Chapter XII CrPC?

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.

Can Accused get copy of 164 statement?

Accused Not Entitled to Get Copy of Statement U/s 164 CrPC Before Cognizance: SC. In its latest Judgment, the Supreme Court has been held that mere filing of the charge-sheet does not entitle accused to get copies of the relevant documents including a statement recorded under Section 164 of the Cr.

What is Section 162 of the Cr PC?

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for …

Can Accused get copy of chargesheet?

If you are an accused against whom police will file a charge sheet then you have a legal right to get the copy of charge sheet when you appear in court on summons of police at the time of filing charge sheet.

What are the differences between a statement recorded under S 161 and S 164 of CrPC 1973?

161 CrPC is popularly known as interrogation. The object of examination of witness u/s. 161 CrPC is to produce the evidence before the court at the time of trial. 164 CrPC authorizing the Magistrate to record the confession statement of the accused as per procedure prescribed to ensure it has voluntariness.

What IPC 161?

IPC 161 Offence: Being or expecting to be a public servant, and taking A gratification other than Legal remuneration in respect of an official act.

What is Section 162 of the Code of Criminal Procedure 1973?

Legal provisions regarding evidentiary value of the statement recorded by the police in the course of investigation under section 162 of the Code of Criminal Procedure, 1973.

Can a statement made under Section 162 be used as evidence?

The bar created by Section 162 has no application in a proceeding under Article 32 or 226 of the Constitution or in a civil proceeding and a statement made before a police officer in the course of investigation can be used as evidence in such a proceeding provided it is otherwise relevant under the Evidence Act.

When to file a First Information Report (FIR)?

This is the golden principle of law prescribed in the Code of Criminal Procedure, 1973 that the First Information Report should always be filed promptly and without wasting any time. Such type of report gains the maximum credibility and is always welcome and appreciated by the courts.

What are the two conditions required to constitute an FIR?

In order to constitute an FIR in terms of section 154 of the Code. of Criminal Procedure, 1973 two conditions are to be fulfiUed:- (a) what is conveyed must be an information; and (b) that information should relate to the commission of a cognizable offence on the face of it.