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Examination of magistrate who recorded statement u/s164 of

 

S.80 of evidence Act makes examination of Magistrate who recorded statement u/s164 of crpc unnecessary

 

"Presumption as the documents produced as record of evidence :-
Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence, or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume -
that the document is genuine; that that any statement as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken."
When we drew his attention to the requirement under Section 164 Cr.P.C. that at any rate, the prosecution must prove that the learned Magistrate did com


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 2 Replies

dr g balakrishnan (advocate/counsel supreme court)     23 October 2012

Evidence Act sec 80 cannot replace sec 164 of cr p c, without cross examination  no evidence is foolproof

JANAK RAJ VATSA (ADVOCATE)     30 October 2012

cross examination is the bane of whole evidence aimed to bring out the truth


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