Section 164 Cr.P.C

Ladhu Ram Chowdhary (Querist) 27 March 2010 This query is : Resolved
1. Who can move an application for recording statement u/s. 164 Cr.P.C. ? Whether Court can suo-moto record such statement ? Whether and in what circumstances such direction can be given by any Higher Court and thereafter, what procedure should be followed ?

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s.subramanian (Expert) 25 August 2010
It is the investigating officer who is competent to make such an application. Nobody else can do it. Particularly courts do not have jurisdiction to record it suo motu.

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