WHETHER A NON CONFESSIONAL STATEMENT MADE TO A MAGISTRATE UNDER SECTION 164 C R P C IS A SUBSTANTIVE EVIDENCE OR NOT?
Naveen Jain (lawyer) 05 March 2012
WHETHER A NON CONFESSIONAL STATEMENT MADE TO A MAGISTRATE UNDER SECTION 164 C R P C IS A SUBSTANTIVE EVIDENCE OR NOT?
HITESH DHOLAKIYA (LAWYER) 05 March 2012
Confession made to a majistrate is not enouth to use as an evidence. The method of recording confession must be complied with all statutory requirements prescribed uder section 164(2) and (4).Without this confession is not admissible in evidence.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 March 2012
A non confessional statement of a witness recorded u/s 164 after he/she has been sponsored by the prosecution is not a substantive piece of evidence - but has a corroborative/contradictory effect.
Naveen Jain (lawyer) 05 March 2012
what if forwarded by defence.... like they give statement in favour of the accused