If a Magistrate who recorded the confessional statements of the accused, he is a witness to the confessional statements of the accused, so can he conduct the trial of the accused? Any citation?
N.K.Assumi (Advocate) 20 December 2009
If a Magistrate who recorded the confessional statements of the accused, he is a witness to the confessional statements of the accused, so can he conduct the trial of the accused? Any citation?
Anish goyal (Advocate) 20 December 2009
Raghav Sood (Lawyer) 20 December 2009
the answer is big no at one time by recording confessional statement he becomes the witness of prosecution and on the other hand is adjudicating case sheer violation of principles of natural justice and code of conduct
N.K.Assumi (Advocate) 20 December 2009
vijay (member) 03 January 2010
there is no bar to consider such statement by the same magistrate. there is no queastion to be a witness in the trial before same magistrate. it must be recorded after taking precotions of sec.164 of evi. act.
vijay (member) 03 January 2010
there is no bar to consider such statement by the same magistrate. there is no queastion to be a witness in the trial before same magistrate. it must be recorded after taking precotions of sec.164 of evi. act.
Devajyoti Barman (Advocate) 03 January 2010
There is absolutely no bar in CrPC trying the same accused after taking his confessional statement u/s 164 of CrPC by the same Magistrate.
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