What is Section 164 Criminal Procedure Code?

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.

What are the purposes for which previous statement of a witness can be used under Evidence Act?

—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be …

What is the purpose of criminal procedure code?

The Code of Criminal Procedure (CrPC) is mainly an adjective law of Procedure. The purpose of the code is to provide machinery for prosecution, trial, and punishment of offenders under substantive criminal law. i.e., the Indian Penal Code and other laws passed by the State from time to time.

How do I record a 164 statement?

Thus a statement under section 164 may be recorded by a Magistrate not only at the instance of the police but also at the instance of the accused, or the witness or the aggrieved person. It is not necessary at every time that a Magistrate shall record the statement only upon the instance of Page 11 ..11.. Police.

Is 164 Statement mandatory?

The Criminal Amendment Act 2013, among its various sweeping changes, inserted a new provision 5A (a) into the Section 164 of the Cr PC, making it mandatory that when an offence of rape is committed and the same is brought to the knowledge of the police officer he is bound to take the victim to the nearest Judicial …

What is the evidentiary value of statement under section 164 CrPC?

EVIDENTIARY VALUE OF CONFESSION 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.

What is the difference between 161 and 164 CrPC?

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.

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 not the basic purpose of Criminal Procedure code?

The basic purpose of the Criminal Procedure Code, among other things, is to ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably favoured.

What is criminal procedure law?

Overview. Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes.

How do I record a statement under section 164 CrPC?

the confession recorded under section 164 CrPC, should be recorded in a manner provided under section 281 and shall be signed by the person making it. The Magistrate shall then make the memorandum at the foot of such confession.

Is 164 CrPC mandatory?

The statement of a witness recorded under section 164 Crpc, is a public document which does not require any formal proof and there is no necessity to summon the magistrate who records the same.

What is section 164 of the Criminal Procedure Act?

This section applies only to confessions which are made out of free will and voluntarily. It is now a settled law that Section 164 does not merely deal with the manner of recording the confession and statements, but it also deals with their admissibility and relevancy as evidence in the trial.

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 non compliance with Section 164 of the IPC?

Non-compliance with Section 164 Cr.P.C. goes to the root of the Magistrate’s jurisdiction to record the confession and renders the confession unworthy of credence. During the time of reflection, the accused should be completely out of police influence.

Who has the power to record the statement under Section 164?

The proviso added to the Subsection also removed those confessions are recorded by a police officer in whom any power of magistrate has been conferred under the law for the time being in force. Hence the Only a judicial magistrate or Metropolitan Magistrate has the power to record the statement under section 164 of the Code.