Table of Contents
- 1 Can a 164 statement be changed?
- 2 Is 164 Statement A substantive evidence?
- 3 What is the maximum period of judicial custody when the investigation is still pending?
- 4 Can Statement US 164 CrPC be recorded twice?
- 5 What is a statement under section 164 CrPC?
- 6 What is the punishment for Section 161 of IPC?
- 7 Is statement recorded under Section 164 CrPC admissible in court?
Can a 164 statement be changed?
To deter witness from changing their versions subsequently: and. Another reason for recording statement of witnesses under the section 164 of the code is to minimize the chance of changing the versions by the witness at the unit under the fear of being involved in perjury.
Is 164 Statement A substantive evidence?
A statement under Section 164 of the Code of Criminal Procedure is not substantive evidence. It can be used to corroborate the statement of a witness.
Who can give 164 statement?
Section 164 of the code gives power to the Metropolitan Magistrate or judicial magistrate to record confession and statements during the course of investigation under chapter 12 or under any law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.
How do I record a 164 statement?
Thus a statement under section 164 may be recorded by a Magistrate not only at the instance of the police but also at the instance of the accused, or the witness or the aggrieved person. It is not necessary at every time that a Magistrate shall record the statement only upon the instance of Page 11 ..11.. Police.
What is the maximum period of judicial custody when the investigation is still pending?
Police custody may extend only up to a period of 15 days from the date custody begins but judicial custody may extend to a period of 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years and 60 days for all other crimes if the Magistrate is convinced …
Can Statement US 164 CrPC be recorded twice?
p.c, you can deny the same on the basis of statement recorded before chief judicial magistrate under section 164 Cr. p.C, but victim shall be examined at the time of evidence before trial court.
Can Statement under 164 CRPC be recorded twice?
What is Section 164 Criminal Procedure Code?
What is a statement under section 164 CrPC?
Accused’s statement under section 164, Cr. P.C. not amounting to confession cannot be used against co-accused but can be used against the maker.
What is the punishment for Section 161 of IPC?
An offence committed under section 161 IPC is also a non bailable, Cognizable offence which is triable by a Magistrate of the first Class and the same is punishable for imprisonment of either description for a term which may extend to 3 years, or fine , or both.
What is non compliance with Section 164 of the IPC?
Non-compliance with Section 164 Cr.P.C. goes to the root of the Magistrate’s jurisdiction to record the confession and renders the confession unworthy of credence. During the time of reflection, the accused should be completely out of police influence.
What is the difference between a statement under Section 162 and 164?
Apparently Section 145 of the Evidence Act does not distinguish between the statement under Section 162 and statement under Section 164 of the Code and no additional weight-age is given to the statements recorded under Section 164 of the Code for the purpose of contradicting a witness.
Is statement recorded under Section 164 CrPC admissible in court?
Statement recorded by a Judicial Magistrate or Metropolitan Magistrate under section 164 CrPC, is a public document under section 74 of Indian Evidence Act,1872. This evidence is admissible under Section 80 of the Indian Evidence Act, 1872.