Criminal Procedure Code, 1973, Section 164, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Confession - Statement u/s 108 of Customs Act - Custom Officer need not to follow the safeguard of S.164 Cr.P.C. - Entire idea behind this provision is that the officer questioning the person must gather all the truth concerning the episode - If for instance..........
Criminal Procedure Code, 1973, Section 164 -- Confession - It must be proved that the same was voluntarily made by the maker - It would, of course, be necessary in every case to put the questions prescribed by the High Court circulars but the questions intended to be put under sub-section (2) of Section 164, should not be allowed to become a matter of a mere mechanical..........
Criminal Procedure Code, 1973, Section 164 -- Confession statement - In order to make the confession statement under the Act, it must be proved that the same was voluntarily made by the maker - It would, of course, be necessary in every case to put the questions prescribed by the High Court circulars but the questions intended to be put under sub-section (2) of Section 164..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 30 -- Confessional statement by one accused - Can be used against another when both are tried together...........
Criminal Procedure Code, 1973, Section 164 -- Recording statement unsponsored by Investigating Agency - Held, A Magistrate cannot directly record the statement of a person unsponsored by the Investigating agency...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 164 -- Confessional statement - Retraction - Nature of force and coercion used or particulars of threats not mentioned in retraction - Merely because retraction was made on next day, confessional statement of accused does not lose credibility...........
Criminal Procedure Code, 1973, Section 164 -- Magistrate is not required to satisfy that the person making the statement is not under any pressure of the police or of the accused or that he was making statement voluntarily - Time at which the person whose statement was to be recorded need not be recorded nor it is required to record that sufficient time to make up his mind..........
Criminal Procedure Code, 1973, Section 164 -- Abduction and rape - Statement of prosecutrix before Magistrate u/s 164 Cr.P.C. - There is no such law that the victim of rape should be first medico-legally examined, then she should be produced before Magistrate for recording her statement...........
Indian Penal Code, 1860, Section 365, 366, 376, Criminal Procedure Code, 1973, Section 164 -- Abduction and rape - Statement of prosecutrix u/s 164 Cr.P.C. that she was major and went with accused of her own accord - Bail granted...........
Indian Penal Code, 1860, Section 367, Criminal Procedure Code, 1973, Section 164 -- Rape - Statement of victim before Magistrate u/s 164 Cr.P.C. before her medical examination - Held, there is no law that the victim of rape should be first medico-legally examined and then she should be produced before Magistrate for recording her statement...........
