CrPC Section 164
Absolutely! Here’s a detailed explanation of CrPC Section 164 in English, ready for your copy-paste:
Detailed Explanation of CrPC Section 164
Section 164 of the Code of Criminal Procedure (CrPC), 1973 deals with the recording of confessions and statements made before a Magistrate.
Text of Section 164 (Simplified Summary):
"Any Magistrate empowered under this Code may, in the presence of the accused or any person making a confession or statement, record such confession or statement, and the person making it may be examined on oath. The Magistrate shall reduce the confession or statement to writing and read it over to the person making it. The person shall then sign it if it is correct."
Explanation:
Purpose of Section 164:
To ensure that confessions and statements are recorded properly and voluntarily.
To provide a legal safeguard against coercion or torture in obtaining confessions.
To create authentic records that can be used as evidence in court.
Who Can Record Statements Under Section 164?
Any Magistrate empowered under the CrPC.
Usually, a Judicial Magistrate records these confessions or statements.
What Can Be Recorded?
Confession: A voluntary admission of guilt by the accused.
Statement: Any statement made by a person (including witnesses or the accused) about facts related to the case.
Procedure for Recording:
The Magistrate records the confession or statement personally and in the presence of the accused or declarant.
The person making the confession or statement may be examined on oath, meaning they are legally bound to tell the truth.
The Magistrate reduces the confession/statement to writing.
The Magistrate then reads out the recorded statement to the person who made it.
If the person confirms that the statement is correct, they sign the document.
If the person refuses to sign, the Magistrate records that fact.
Voluntariness and Legal Safeguards:
The confession or statement must be voluntary; any coercion or threat invalidates it.
The Magistrate ensures the accused understands the consequences and records it carefully.
The Magistrate may warn the accused of the consequences of making a false statement.
Importance in Criminal Justice:
Statements recorded under Section 164 are considered credible evidence in court.
Such statements reduce chances of fabrication or forced confessions.
They can be used to corroborate other evidence or as confessions against the accused.
Relation to Other Provisions:
Section 164 complements the Indian Evidence Act regarding admissibility of confessions.
Does not replace confessions made to police officers, which are generally inadmissible unless recorded under special provisions.
Protects the accused under Article 20(3) of the Constitution (protection against self-incrimination).
Practical Example:
An accused voluntarily confesses their guilt before a Magistrate during an inquiry.
The Magistrate records the confession under Section 164, ensuring it is voluntary, reads it back, and obtains the signature.
This recorded confession can be used in court to prove guilt.
Summary:
Section 164 CrPC empowers Magistrates to record confessions and statements under oath.
Ensures confessions/statements are voluntary, properly documented, and legally valid.
Helps prevent coerced confessions and safeguards the rights of the accused.
Such recorded statements have high evidentiary value in trials.
RELATED Blog
0 comments