u/s 164 cr.p.c giving confession or statement

praveen tiwari (Querist) 22 July 2009 This query is : Resolved
my question is u/s 164 cr.p.c giving confession or statement can be denied on ground of u/s 24 evidence act?

Follow Query

Report Abuse

Swami Sadashiva Brahmendra Sar (Expert) 23 July 2009
confession u/s 164 CrPC is presumed to be voluntary - AIR 1978 Sc 1248.However, s. 24 of Evidence Act does not make defference between judicial and non judicial confession. therefore, existence of elements of s 24 can be pleaded regarding judicial confession under s 164 CrPC also.

Deekshitulu.V.S.R (Expert) 23 July 2009
A statement made before a judicial officer is covered under Sec. 164 Cr.P.C. We do not call it a confession. If the person giving the statements denies subsequently then he will will be held guilty of prejury. If he proves that such statement was given on threat, coercion, undue influence etc, then there can be escape

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries