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Ajit   14 June 2017

164 of crpc

Can police request J Magistrate to record statement of accused u/s 164 of CrPC while accused is in PCR or is it necessary to be in MCR


 4 Replies

Raveena Kataria (Advocate )     18 June 2017

Section 164, CrPC clarifies that for a statement to be valid as a confession, it can be made to a judicial magistrate even if he lacks the jurisdiction, but has to be made during the course of the investigation, before the inquiry or trial commences.

Moreover, section 26 of the Indian Evidence act essentially states that a statement made by a person in police custody can be used as proof against him as long as it is made in the presence of a magistrate. (Section 25 renders confessions made to police officers invalid, and section 26 provides an exception to section 25.) 

So, technically, a confession recorded by a magistrate while the accused is still in PCR could be valid. It must however meet other requirements of section 164, CrPC to be valid. (The confession has to be made voluntarily, etc.)

Ajit   19 June 2017

Thank u ma'am Very helpful

Ajit   19 June 2017

Thank u ma'am Very helpful

Nupur Patodia   14 May 2018

Ajit ji can you please tell the full form of PCR and MCR.

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