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N.K.Assumi (Advocate)     20 December 2009

Magistrate as witness in a trial before his Court?

If a Magistrate who recorded the confessional statements of the accused, he is a witness to the confessional statements of the accused, so can he conduct the trial of the accused? Any citation?



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 6 Replies

Anish goyal (Advocate)     20 December 2009

Interesting question once again sir

Raghav Sood (Lawyer)     20 December 2009

the answer is big no at one time by recording confessional statement he becomes the witness of prosecution and on the other hand is adjudicating case sheer violation of principles of natural justice and code of conduct

N.K.Assumi (Advocate)     20 December 2009

Thank you Anish and Raghav.Yes, I do agree that it will be startling criminal proceedings.

vijay (member)     03 January 2010

there is no bar to consider such statement by the same magistrate. there is no queastion to be a witness in the trial before same magistrate. it must be recorded after taking precotions of sec.164 of evi. act.

vijay (member)     03 January 2010

there is no bar to consider such statement by the same magistrate. there is no queastion to be a witness in the trial before same magistrate. it must be recorded after taking precotions of sec.164 of evi. act.

Devajyoti Barman (Advocate)     03 January 2010

There is absolutely no bar in CrPC trying the same accused after taking his confessional statement u/s 164 of CrPC by the same Magistrate.


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