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Raghav Arora   05 May 2021

Academic query - s. 164 crpc

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. The magistrate, before recording the statement is required to explain it to the person giving the statement that he is not bound to give it and the statements can be used as evidence against him. The magistrate has to make sure that the person making the confession is doing it voluntarily. The Magistrate cannot authorize the detention of that person in police custody if the person refuses to give a statement at any time before the confession is recorded.


The section talks about conferring of Magistrate's power on a Police officer. Where is the provision for that? Under what kind of circumstances can that happen?


Learning

 4 Replies

shivam chaudhary   05 May 2021

Because Police officers are never empowered to record any Confessional Statements, since the dame, if recorded are hit by the provisions of Section 25 of thr Indian Evidence Act. 1872. thereby making the said confession inadmissible in Law.

Dr J C Vashista (Advocate)     06 May 2021

This platform is meant to help needy litigants and not for academic debate/ coaching / tution.

Raghav Arora   06 May 2021

Dr. Vashishth, the platform is to help not only litigants but also students with genuine academic queries. 

Otherwise we woukd have not had the 'Academic' section in Forums. 

T. Kalaiselvan, Advocate (Advocate)     07 May 2021

As per Police Act 1861 under section 5 of the act:

 Powers of Inspector-GeneralExercise of powers .The Inspector-General of Police shall have the full powers of a Magistrate throughout the general police district; but shall exercise those powers subject to such limitation as may, from time to time, be imposed by the State Government.

 

For more details you may study the Police act referred above to throw more light to your more such academic queries. 

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