Statement of witness recorded u/s 164 crpc
SANJAY JOSHI
(Querist) 03 February 2012
This query is : Resolved
Dear Sir/s
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.
Raj Kumar Makkad
(Expert) 03 February 2012
No academic queries shall be discussed in this section forthwith.
prabhakar singh
(Expert) 04 February 2012
No academic queries shall be discussed in expert section henceforth.
Sailesh Kumar Shah
(Expert) 04 February 2012
No academic queries shall be discussed in this section forthwith.
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http://www.lawyersclubindia.com/experts/Guidelines-to-be-followed-275156.asp
