The process of capturing a statement under the provisions of Section 164 of the CRPC.
A magistrate possesses the authority to document statements or confessions of an accused individual or a knowledgeable witness, which are distinct from those recorded in the presence of the police, and such statements hold admissibility as evidence.
recording statements is necessary to:
- Safeguard against witness statement alterations.
- Enable effective cross-examination and the discrediting of evidence in court.
How Y/our Lawyer helps in getting statements under 164 CrPC recorded? ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
How Y/our Lawyer helps in getting statements under 164 CrPC recorded? ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
Overview
The article focuses on the recording of statements under Section 164 of the Code of Criminal Procedure (CrPC). It highlights that there are two methods for recording statements as provided in the CrPC. Section 162 allows for statements to be recorded by the police officer, while Section 164 enables the recording of statements by the Magistrate.
The article specifically delves into the process of recording statements under Section 164. It explains that such recording occurs when the investigation officer forwards the complainant to the Magistrate for statement recording or when the complainant independently approaches the Magistrate for this purpose. The article also covers the scope, objective, and evidentiary value of statements recorded by the Magistrate. Additionally, it briefly discusses the provisions regarding the recording of statements of rape victims in the concluding section of the article.
The Purpose and Scope of Recording Statements under Section 164:
The primary objective of recording statements under Section 164 of the Code of Criminal Procedure is to establish a reliable and credible record of the statement given by a witness or an accused person. The scope of this provision is to ensure fair and accurate evidence collection during the course of an investigation and subsequent legal proceedings. Key aspects of the scope and objective of recording statements under Section 164 include:
Preservation of statements: Section 164 aims to preserve the original statement of the witness or accused person in a formal and official manner. By recording the statement before a Magistrate, it ensures that the content and details of the statement remain intact and unaltered.
Admissibility as evidence: Statements recorded under Section 164 hold substantial evidentiary value. They are admissible as evidence in the court of law, thereby carrying significant weight in establishing the truth or facts surrounding the case.
Independent and unbiased recording: The provision enables the recording of statements by a Magistrate who acts as an independent and neutral authority. This helps maintain fairness and impartiality in the recording process, ensuring that the statement is not influenced by external factors or undue pressure.
Protection against subsequent changes: By capturing the statement at an early stage, Section 164 helps prevent witnesses or accused persons from altering or modifying their statements later on. This serves to maintain the integrity of the evidence and promote a reliable and consistent account of events.
Facilitation of cross-examination: Statements recorded under Section 164 provide a solid foundation for effective cross-examination during court proceedings. They enable the opposing party to question the witness or accused person based on their recorded statement, allowing for thorough scrutiny and the identification of any inconsistencies or contradictions.
The scope and objective of recording statements under Section 164 aim to ensure the accuracy, credibility, and fair presentation of evidence, ultimately contributing to the administration of justice.
The Probative Value of Recorded Statements or Confessions
This article provides a comprehensive analysis of confessions and statements recorded under Section 164 of the Code of Criminal Procedure. While they are not considered substantive evidence, their purpose lies in corroborating or contradicting the maker’s subsequent statements. The article explores the provisions of Section 145 of the Evidence Act, which allow for eliciting contradictions related to Section 164 statements. However, confessions made under Section 164 are generally admissible as evidence and are considered relevant facts that can influence legal proceedings.
Moreover, the article discusses the significance of voluntary confessions in the conviction of an accused individual. It highlights the Magistrate’s responsibility to provide a warning before recording a confession, emphasizing that a confession made after such a warning can be used as evidence against the accused.
The determination of whether an accused person provided a voluntary confession rests with the court, which assesses the mental state of the accused at the time of giving the confession. The court is required to record reasons for both the retracted confession and the initial confession, ensuring transparency in the legal process.
Procedure for Recording Statements in Rape Cases
As per the 2013 Amendment, a new sub-section, 5A, has been introduced to specifically address the recording of statements in cases related to rape and the intention to outrage the modesty of a woman.
Upon receiving information from the police officer, the Magistrate is obligated to promptly record the statement of the victim. Additionally, the police officer is required to immediately accompany the victim to the nearest Judicial Magistrate upon becoming aware of the commission of such an offense.
Furthermore, the section stipulates that when recording the statement of an individual with temporary or permanent physical or mental disabilities, the Magistrate must seek the assistance of an interpreter or special educator. Moreover, the recording process in such cases must be videographed to ensure an accurate and reliable account.