Dead approver's statement - validity
SANJAY JOSHI
(Querist) 04 February 2012
This query is : Resolved
Dear Sir/s
With due respect to all experts, I am posting this query again because it is not academic but a case of CBI. I am only not putting the details of Case no. here, but it is purely a case related subject and academic. I would humbly request you to enlighten me on this topic please. I am following all the suggestions to ask a Query.
Query - A witness' statement has been recorded u/s 164 CRPC by the Magistrate. However, in section 164 (5), there is a clause that Magistrate has powers to administer oath to the witness. But it is not written that the witness shall be given oath by the magistrate. In this case,
Question- Does this mean that the Magistrate has to mandatorily administer oath to the accused before recording his statement u/s 164?
Question - Is the magistrate required to mention at the foot of the statement (like while recording confession u/s 164) to mention that oath had been administered to the witness before recording the statement. and also that is it mandatory for magistrate to write that the statement given by the witness appeared to be given VOLUNTARILY? Thank you so much. Regards.
Raj Kumar Makkad
(Expert) 04 February 2012
1. No.
2. It is not mandatory to write.
Nadeem Qureshi
(Expert) 04 February 2012
dear sanjay
i agree with Mr Makkad
Kirti Kar Tripathi
(Expert) 04 February 2012
Your question have answered correctly by Mr. Makkad. So for admissibility of this evidence is concerned, it admissible as evidence but its credibility can be questioned.
prabhakar singh
(Expert) 05 February 2012
"NO" IS ANSWER TO BOTH OF THE QUESTIONS.
