164 statement
Ria
(Querist) 16 April 2018
This query is : Resolved
If an accused made 164 statement can he retract it,if yes when ? How?
Ria
(Querist) 16 April 2018
How does tender of pardon help an accused? If tender of pardon proved false during cross question then will it back fire accused? If an accused get tender of pardon with the cooperation of prosecutor and confession,then he don't have to go for court date?
Ria
(Querist) 16 April 2018
How does tender of pardon help an accused? If tender of pardon proved false during cross question then will it back fire accused? If an accused get tender of pardon with the cooperation of prosecutor and confession,then he don't have to go for court date?
Ms.Usha Kapoor
(Expert) 16 April 2018
Same facts. Please refer http://www.lawyersclubindia.com/experts/164-crpc-335121.asp
Dr J C Vashista
(Expert) 16 April 2018
Question paper may be given to your students.
Guest
(Expert) 16 April 2018
Why not, anybody can retract from his earlier statement u/s 164, but her confession already made u/s 164 becomes part of the evidence to be used in pronouncement of the judgment in the case, as it is for the judge of the case to weigh the merits of that statement.
Guest
(Expert) 16 April 2018
Why not, anybody can retract from his earlier statement u/s 164, but her confession already made u/s 164 becomes part of the evidence to be used in pronouncement of the judgment in the case, as it is for the judge of the case to weigh the merits of that statement.
Guest
(Expert) 16 April 2018
Your other question is on pardon, which is vague in nature. Ground of pardon can be false, but not the pardon, in itself. When pardoned, how that pardon becomes false, unless the person granting pardon is habitual of making false promises or is of deceitful nature. Once pardoned, may be on true or false ground, prosecution of that person becomes irrelevant.
P. Venu 
(Expert) 16 April 2018
What are the facts, what is the context?
Ria
(Querist) 16 April 2018
My friend got trapped in a cheating case and gave 164 statement and was behind d bars fr 8 months ..after being bailed prosecutor want to give him tender of pardon and his stament is a prime evidence so co accused want him to retract it...he consulted many lawyer but everyone have different opinion..its been 1 yr he is bailed and did not retract yet.so what is d best for him?tendor or pardon or retraction..???because the co accused said there lawyer will prove him wrong during cross questions of 164 stament
Ria
(Querist) 18 April 2018
If pardon by the help of 164 statement and its proves wrong later in cross examination then will pardon be cancelled?
Ria
(Querist) 18 April 2018
If pardon by the help of 164 statement and its proves wrong later in cross examination then will pardon be cancelled?
Ria
(Querist) 18 April 2018
If pardon by the help of 164 statement and its proves wrong later in cross examination then will pardon be cancelled?
P. Venu
(Expert) 18 April 2018
What is the truth of the matter? This forum is not meant for championing perjury and obstruction of justice. If the 164 statement had been factual and true, your friend would be indulging in perjury and obstruction and justice. As such his pardon would remain unfulfilled (whatever, the proposal of the prosecutor, it is the Court that has to grant him pardon) and he would be liable for two punishments, one for the original offence and secondly, for obstruction of justice and perjury.
However, if your friend had given the statement under some compulsion and factually not correct, he can retract it. But there is no question of pardon, but should meet the charges on their merits during the trial.
Please note note that it is impossible for anyone to sail in two boats at the same time. The integrity of this forum can only suggest you to abide by truth and law.
