Section 164 CrPC: Presence Of Advocate Not Mandatory When Confession Of Accused Before Magistrate Is Not Recorded By Audio-Video Means : SC [Read Judgment]
5 years, 4 months ago

Section 164 CrPC: Presence Of Advocate Not Mandatory When Confession Of Accused Before Magistrate Is Not Recorded By Audio-Video Means : SC [Read Judgment]

Live Law  

The Supreme Court has observed that it is not mandatory that a confession or statement under Section 164 of the Code of Criminal Procedure should necessarily be made in the presence of the advocate except when such confessional statement is recorded with audio-video electronic means. Justice Surya Kant, speaking for the bench, observed: What mandatorily is needed, as noted earlier, is that the Magistrate must satisfy himself of the voluntariness of the statement and all the statutory safeguards which includes bringing the repercussions and the voluntariness of making confessions to the knowledge of the accused, must be meticulously complied with. Referring to Section 164 CrPC, added with effect from 31.12.2009, the court said "Section 164 of the Code thus does not contemplate that a confession or statement should necessarily be made in the presence of the advocate, except, when such confessional statement is recorded with audio-video electronic means." Late Retraction By Accused Would Be Strong Presumption Of Voluntariness In Confession The bench also observed that the retractions must be made by the accused as soon as possible, otherwise there would be a strong presumption of voluntariness in the confession The confession, in the present case, was not challenged during stage of framing of charge or over the course of examination of forty-seven prosecution witnesses, but instead only partly disputed through a letter written in secret just before petitioner's examination under Section 313 of the Code.

Statement Code Magistrate Crpc Confession 164 Section 164 Such Confessional Statement  confession  statement  mandatory  voluntariness  judgment  164  presence  magistrate  code  read  means  bench  recorded  observed  sc  crpc  accused

History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
1 week, 6 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC
1 month, 3 weeks ago

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. Essentially, the Magistrate Court had …

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court
4 months ago

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court

Live Law  

The Supreme Court clarified that under Section 27 of the Evidence Act, only the specific portion of the statement of the accused which is directly linked to the discovery/recovery of evidence is admissible, and that the confession of the accused cannot be incorporated while proving a statement under Section 27. The learned Trial Judge has completely lost sight of Sections …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]
1 year, 10 months ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Live Law  

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 Cr.P.C. Q.38 What is the legal status under the Evidence Act of a “confession” or a “statement” recorded under Section 164 Cr.P.C.? While issuing certain general directions to be followed in rape cases, the Supreme Court in State of Karnataka v. Shivanna @ …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]
2 years ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]

Live Law  

Q.6 Can an accused on his own accord make a confession without being Ans. Such accused person is free to make a voluntary confession before the Magistrate and he need not be Q.7 Should the accused be free from any Police or other extraneous influence? Recognising the stark reality of the accused being enveloped in a state of fear and …

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers
2 years, 3 months ago

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers

Live Law  

Recently, the Allahabad Hih Court has explained as to when the written statements of the witnesses could be considered to be statements duly recorded under Section 161 of CrPC.The bench of Justice Saurabh Shyam Shamshery observed that if the written statement has been submitted by the witness himself to the Investigating Officer and the IO assures. Recently, the Allahabad Hih …

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court
2 years, 4 months ago

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court

Live Law  

The Supreme Court reiterated that a rape victim's statement made under Section 164 CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.The bench of CJI UU Lalit and Justice Bela M. Trivedi was considering a contempt petition which highlighted violation of mandatory directions issued in State of Karnataka by Nonavinakere Police vs. The …

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 5 months ago

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

Live Law  

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative
2 years, 7 months ago

Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative

Live Law  

The Delhi High Court has quashed the charges framed against a Chartered Account for aiding his client in money laundering purely on the basis of confessional statements made by a co-accused under Section 164 of the Code of Criminal Procedure, 1973. The petitioner Vinod Kumar Kila filed a writ petition before the Delhi High Court against the charges framed by …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 7 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court
3 years, 2 months ago

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court

Live Law  

In a significant judgment, the Kerala High Court ruled that before recording witness depositions under Section 299 of the Code of Criminal Procedure, it should be established that the accused has absconded and that there is no immediate prospect of arresting him. The Bench added that proof of the accused absconding is a condition precedent to record witness deposition for …

Audio Video Recording Of Examination of Witnesses By Police U/S 161CrPC And Installation Of CCTV Cameras In Police Stations: SC Issues Notice To Home Ministry [Read Order]
4 years, 8 months ago

Audio Video Recording Of Examination of Witnesses By Police U/S 161CrPC And Installation Of CCTV Cameras In Police Stations: SC Issues Notice To Home Ministry [Read Order]

Live Law  

The Supreme Court on Thursday issued notice on a petition seeking implementation of audio-video recording of witness statements recorded by a Police officer under Section 161 CrPC. The court was hearing a SLP moved by one Paramvir Singh Saini, inter alia, raising larger questions, viz., audio-video recordings of statements and the installation of CCTV cameras in police stations generally. The …

Punjab And Haryana HC Directs Police To Record 161 Statement Of Witnesses By Audio Video Means
5 years, 9 months ago

Punjab And Haryana HC Directs Police To Record 161 Statement Of Witnesses By Audio Video Means

Live Law  

The Punjab and Haryana High Court has directed all the investigating officers in the State of Punjab to record the statement under Section 161 Cr.P.C. • The State of Punjab is also directed that all the witnesses should be paid reasonable amount as travelling allowance on the date of recording of their statement and if the statement spills over to …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]

Live Law  

Read the First Part Here PART-II STAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. E. HOW TO RECORD A "CONFESSION" UNDER SECTION 164 Cr.P.C.? Let us now consider the modalities of recording the "confession" of an accused person by a Magistrate under Section 164 Cr.P.C. Instances of judicial confession during trial are when the "substance of accusation" …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

Live Law  

P R O L O G U E What prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. In the case on hand, the argument is with reference to statement given by PW2, a child witness to the Magistrate …

Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’: SC [Read Judgment]
6 years, 7 months ago

Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’: SC [Read Judgment]

Live Law  

‘On the touchstone of law laid down by this Court such a confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused and can at best be used or utilized in order to lend assurance to the Court.’The Supreme Court has held that conviction under Narcotic Drugs and Psychotropic Substances Act, …

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 4 months ago

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

Live Law  

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra. The …

Discover Related