statement under 164 crpc partially recorded
5 years ago
In July 2018, my statement was recorded in court within 164 crpc, but the magistrate did not record the answer as it was saying, so I said that record everything what I have said before you, magistrate gave me the blank paper to write, I wrote my statement on it but for my sign on it, the magistrate said we will type you later. Now every day I go to his court room, he tells me, the police will call you with summon, it has been 1 year now, I am not getting summon from the court signing on my statement i gave in written, what can I do now?
A.Dear Mr Sap sandh,
Power of Judicial Magistrate to record confessions and statements (Section 164 of CrPc)
Legal provisions regarding power of Judicial Magistrate to record confessions and statements under section 164 of the Code of Criminal Procedure, 1973.
Any confession made to a police officer is totally inadmissible evidence because the police, by and large, is not as yet considered trustworthy. It is apprehended that any power given to the police to record confessing or statements is more likely to be misused and that the overzealous police officers might, in the apparent exercise of such power, extort or fabricate confessions and manipulate statements.
Therefore, the Code of Criminal Procedure provides by Section 164 a special procedure for the recording of confessions and statements made during the course of investigation by competent judicial magistrates. Section 164 of the Code provides that:
Any Metropolitan Magistrate or judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial. However, no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
Shanti Ranjan Behera
Advocate
Power of Judicial Magistrate to record confessions and statements (Section 164 of CrPc)
Legal provisions regarding power of Judicial Magistrate to record confessions and statements under section 164 of the Code of Criminal Procedure, 1973.
Any confession made to a police officer is totally inadmissible evidence because the police, by and large, is not as yet considered trustworthy. It is apprehended that any power given to the police to record confessing or statements is more likely to be misused and that the overzealous police officers might, in the apparent exercise of such power, extort or fabricate confessions and manipulate statements.
Therefore, the Code of Criminal Procedure provides by Section 164 a special procedure for the recording of confessions and statements made during the course of investigation by competent judicial magistrates. Section 164 of the Code provides that:
Any Metropolitan Magistrate or judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial. However, no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share
A.Dear Sir,
This is the heaviest duty upon the Magistrate. He cannot voluntarily record such statement but records only on the request of the police. Please pursue the police and bring to the notice of Chief Judicial Magistrate, Principal Sessions Judge and Chief Justice of your High Court about the inaction of the Magistrate. You may see more in the following link of Delhi High Court.
===========================================================
http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_BHX4LV6D.PDF
This is the heaviest duty upon the Magistrate. He cannot voluntarily record such statement but records only on the request of the police. Please pursue the police and bring to the notice of Chief Judicial Magistrate, Principal Sessions Judge and Chief Justice of your High Court about the inaction of the Magistrate. You may see more in the following link of Delhi High Court.
===========================================================
http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_BHX4LV6D.PDF
Helpful
Helpful
Share
Read Related Answers
Threating and Blackmailing
Dear Client,
Blackmailing, which involves monetary demands is a serious offence under Section 384 of IPC. Further, threatens to injure the person or his reputation is a punishable offence under Sectio...
JASVEER Singh
Dear Client,
If you are arrested:
1. You must be informed of the reasons for your arrest (Fundamental Rights : Article 22 and Sec.50 Cr.P.C.)
2. You have a right to see the warrant if you are arrest...
Non supply of water by land lord
Dear sir,
If you are not comfortable with services rendered by land lord, you need not pay any rent. File a suit for injunction and seek interim relief for supply sufficient water as it is basic neces...
Neighbour in our building imposed fake allegations
Dear Sir,
Get issue a legal notice claiming liquidated damages of Rs.2,00,000/- for falsely spreading rumors about the theft committed by your child and your wife.
Need advice
Dear Client,
Given the circumstances, it appears that the person you lent money to is attempting to coerce you through blackmail. In such situations, seeking legal recourse is advisable.
You may co...
Read Blogs on Criminal
Criminal Lawyers
Find Lawyers by Location