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?
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
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.
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http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_BHX4LV6D.PDF
Sapna Amar Singh Sandhu
Replied 5 years ago
I would like to thanks to all those who answered my query , but why so many question and perception that i have not approached the police ? It is quite understandable that i requested 164 crpc statement to police. Plz Expert try to comprehend the query . why it is so difficult to every lawyer to comprehend the query? I am sorry i cannot answer u or require any futher 164 crpc knowledge . But My query is I have given my statement and not signed because i gave in written on order of magistrate and she said me she will call me again once it has been type on computer . and its has been 1 yr she have not called me . so now whaat is the legal position of my case? how to know my case number ? what is happening in my case after my statement recorded in front of magistrate no one is able to answer this imple queries . I really dont want the answer in details which is not satisfying the question i have asked.
Again sorry if my words have hurted anyone. I really dont meant to Please pardon me .
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