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anil saxena (member)     03 February 2023

Role of 164 CrPC statement in the conviction of 376 IPC

Can only the statement under section 164 crpc is enough in the conviction under section 376 IPC?

If yes, please provide the relevant judgements.


 1 Replies

Swarnim Tripathi   04 February 2023

yes certainly as this very section of crpc is a form of judicial confession. the magistrate is required to inform the accused in the trial that this statement u/s 164 crpc may be used for the matter of conviction and can be used against the accused as an evidence thereon. there has to be some substantial part in the confession.

there were some questions raised in case of sahoo v. state of up, there is to be double test..
1- whether confession made is voluntary
2- it is true and trust worthy

also see, Hemraj V. state of ajmer

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