Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Summoning of judicial officer to prove voluntariness of statement - Not permissible...........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 74 -- Statement u/s 164 Cr.P.C. - Such statement is a public document - It does not require any formal proof by summoning Magistrate to prove the same...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - It is exclusive domain of I.O alone to move an application for getting statement recorded of any witness u/s 164 Cr.P.C - On moving such an application, Magistrate will have to get statement recorded...........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 26 -- Statement of prosecutrix (minor) u/s 164 Cr.P.C - Not recorded as per procedure laid down u/s 26 of POCSO Act - Provisions of POCSO Act are mandatory in nature - Magistrate directed to proceed immediately for recording statement of prosecutrix as per procedure..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Magistrate does not have power to record statement of a person unsponsored by investigating agency - It is only the Investigating Agency who is to move an appropriate application for recording statement of any witness...........
Criminal Procedure Code, 1973, Section 164 -- Copy of statement recorded u/s 164 Cr.P.C. - Can be furnished only when order is passed by Court after taking cognizance in the matter - Right to receive copy of such statement arise only after cognizance is taken and at the stage contemplated by Ss.207 and 208 of the Code and not before...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - There is no bar in law for police to have statement of eye witnesses recorded u/s 164 Cr.P.C...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Can be used for corroboration and for contradiction unlike a statement u/s 161(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 164 -- Confessional statement - Offence u/s 304-A IPC - Accused on his own volition surrendered before Police along with three witnesses - There is no evidence of coercion on record - When accused was produced before Magistrate as required u/s 164 Cr.P.C, he was warned of consequences of recording confessional statement - There is..........
Criminal Procedure Code, 1973, Section 164 -- Provision of S.164 of Code is divided in two parts, one with regard to "confession" which is found in sub-sections (1) to (4) and the other is with regard to "statement" (other than confession), which is referred to in sub-section (5) thereof - S.164(6) provides that Magistrate recording a confession or statement under this..........
