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Dillip Kumar Nayak   04 July 2021

164 crpc state

whether statement of a victim u/s 164 crpc can be recorded or not in chargesheet cases but investigation is open.


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 4 Replies

Dr J C Vashista (Advocate)     05 July 2021

It is part of investigation to get the statement recorded by Magistrate.

You have not posted any fact vis-a-vis query, how you are affected / concerned ?

1 Like

P. Venu (Advocate)     06 July 2021

What are the facts? What is the context?

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

Statement under section 164 can be recorded by the IO and attached along with the charge sheet to be filed before court

minakshi bindhani   25 October 2021

As per your concerns!

Under section 164 of the Criminal Procedure, the code declares recording of confessions and statements made to him under the course of the investigation. So it is a part of the investigation conducted by the magistrate whether it has jurisdiction or not.

Under section 164 sub Section (1) states that: any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.

Under section 164 subsection (4) says that the confession should be recorded in a manner provided under section 281 and shall be signed by the person making it. The Magistrate shall then make the memorandum at the foot of such confession.

The Magistrate cannot merely sign a printed instruction supplied to him. The entire confession must be brought on record. The confession must be shown to be voluntary before it can be acted upon.

Hope it clarifies the issue!
Regards
Minakshi Bindhani

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