EXAMINATION OF WITNESS UNDER SECTION 164 OF CrPC BY ANJANI SAWHNEY @LEXCLIQ

What is a confession?

Confession is the acceptance of guilt, declaration or suggestion of guilt by an accused in custody. The “confession” of the person accused is admitted at any time by a person accused of a crime stating or suggesting that he committed the crime, according to Justice Stephen.

What declarations can be called a confession?

A declaration of confession is an acknowledgement of guilt accused. So if the manufacturer does not blame himself, the declaration is not a confession. In addition, a mixed statement containing a certain confessional statement leads not to acquittal. Therefore a statement that a self-exculpatory matter does not contain true could not negatively affect the crime. This is because the confession must be either as a whole or rejected in its entirety and the court cannot accept only the inculpatory portion and reject the expulsive portion ( statement of self-defence).

 

Magistrate statements under CrPC

Requirement to record: Under section164 of the code, there is a double need to record a witness’ statements:

1.To deter you from subsequently changing your versions: and

2.The immunity of the prosecution to the information provided by the witness under section 162 of the code must be overcome. Another reason why the witnesses’ statement is recorded under Section 164 of the Code is that, in order to prevent perjury, the possibility is kept to a minimum by the witness at the unit.

Manner of recording Confession, signatures etc.:

Subsection (4) states that confession should be recorded and signed in the manner provided for in Section 281. At the foot of such confession, the Magistrate shall make the memorandum. A printed instruction supplied to it could not only be signed by the judge. This is contrary to this section. It can be said that the confession that was made voluntarily and recorded correctly in another language was irregular. It is necessary to record the whole confession. Before it can be implemented, the confession must be proven voluntary.

The confession needs to be signed by the accused. If not, the committee would not make the confession vital and the irregularity could be curable in accordance with paragraph 463. When a confession to the officer trying the case is made at the time of trial, the accused’s attest is unnecessary.

 

The confession that it is voluntary is wrong and cannot be accepted as proof without a memorandum.

Transfer of confession to Magistrate of jurisdiction:

This subsection (6) says that the magistrate who records a confession or statement under that paragraph must transmit it to the magistrate for inquiry or trial.

Are the recorded statement, a public document?

The statement recorded under Section 164 CrPC is a public paper in accordance with Section 74 of the Act of Indian Evidence 1872 by a Judicial Magistrate or Metropolitan Magistrate. This proof is allowable in accordance with Section 80 of the 1872 Indian Evidence Act. In Guruvind Palli Anna Roa And others v. State of Andhra Pradesh, the High Court held that “the declaration of witness recorded in accordance with Section 164 Crpc is a public document that requires no formal evidence and that the magistrate who records the document cannot be summoned”

Who is qualified person for recording the statement under section 164 of the code?

In accordance with Section 164(1) of the CrPC, judge’s office or Metropolitan Magistrate, the confession or statement made to him during the investigation may be recorded whether or not he has jurisdiction in the matter. The proviso added in the subsection also revokes such confessions by the police officer who is granted any authority of the magistrate pursuant to the law. Therefore, under section 164 of the Code, it is only a judge or a Metropolitan Magistrate who is authorised to record the statement.

Places where the recorded statements are used:

A statement of section 164 of the Criminal Procedure Code may, in the manners provided under Section 157 & 145 of the evidence Act of 1872, be used to corroborate or contradict the statement made in the court. It can be used for confirmation purposes. It can be used to cross-examine the individual who demonstrated that the witness’ evidence is false, but that doesn’t show that the evidence he began before the Court in this section is true. In order to cross-examine and discredit his evidence in the court, a statement issued by a witness in accordance with section 164 of the CrPC can be used.

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