Under which section of CrPC can an investigating officer record the statement of witness?

Section 161
In the process of investigation, under Section 161 of Cr. P.C, any Police officer making an investigation is accredited and empowered to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to records statement of witnesses.

Can investigating officer be a witness?

The investigating officer is a material witness because he investigates the matters, records the statement of the witnesses, goes to the spot for the objective findings, prepares the case diary, receives the papers during investigation and after collecting the relevant material in support of the prosecution or against …

Who records the statements of a witness when a crime is committed?

As per section 164(1) of Code Judicial Magistrate or Metropolitan Magistrate whether or not having jurisdiction in the case can record any statement or confession made to him in the course of investigation.

Can a magistrate record the statement of a person who independently approached him?

A three Judge Bench of this Court in Jogendra Nahak v. State of Orissa, 1999 CriLJ 3976 has held that so far as statements (other than confession) are concerned they cannot be recorded by a Magistrate unless the person (who makes such statement) was produced or sponsored by investigating officer.

Can Statement under 164 CrPC be recorded twice?

p.c, you can deny the same on the basis of statement recorded before chief judicial magistrate under section 164 Cr. p.C, but victim shall be examined at the time of evidence before trial court.

Who can investigate under CrPC?

Section 156 of the Code of Criminal Procedure confers powers on police officers to investigate cognizable cases. In Non Cognizable cases, the police officer has no authority to investigate without warrant and has to obtain a warrant under Section 155 (2) of the Code.

Is police officer is bound to record first information report?

“Although the officer in charge of a police station is legally bound to register a first information report in terms of Section 154 of the Code of Criminal Procedure, if the allegations made by them gives rise to an offence which can be investigated without obtaining any permission from the Magistrate concerned; the …

Can Statement US 164 CrPC be recorded twice?

What is investigation under CrPC?

The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure, Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. [

What is an investigation under CrPC?

Investigation includes all the proceedings under the CrPC for the collection of evidence conducted by a police officer or any person, other than a Magistrate, who is authorised by a Magistrate. The Supreme Court has viewed an investigation as consisting of: Proceeding to the spot Ascertaining facts and circumstances of the case

What is confession of confession under Section 164 CrPC?

Confession or statement under Section 164 CrPC is not a piece of substantive evidence and it’s only use (as in the case of a First Information statement under Section 154 of CrPC) is to contradict or corroborate the maker. The contradiction can be elicited by having recourse to Section 145 of the Evidence Act.

What is the procedure for further investigation under Section 173 CrPC?

S.173 CrPC. Officer comes across any further information pertaining to the same incident, he can make further investigation, but it is desirable that he must take the leave of the court and forward the further evidence, if any, with further report ounder S.173 (8) CrPC.

Can a police officer record a statement made to a magistrate?

Any magistrate whether metropolitan or judicial, if he has jurisdiction or not in the case, is empowered under Section 164 to record any statement or confession made to him in the course of the investigation. But a police officer on whom powers of a magistrate have been conferred for the time being is not empowered to record the same.