confession u/s 164 vs. statement u/s 313
Swami Sadashiva Brahmendra Sar
(Querist) 19 May 2009
This query is : Resolved
In his statements during trial an accused denied his confessional statement given under s. 164 Cr.PC . which of the two statements given by accused will prevail , one given under s 164 or that given during trial ?
A V Vishal
(Expert) 19 May 2009
Dear Dr.Tripathiji
Hope you get clarification out of these two relevant SC citations:
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Sections 24 and 26 - Confession - Admissible in evidence - It is a relevant fact - It may also form basis of conviction if it was made voluntarily and it is truthful. 2007(1) Criminal Court Cases 421 (S.C.) : 2007(1) Apex Court Judgments 254 (S.C.)
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Sections 24 & 26 - Statement u/s 313 Cr.P.C. cannot form the sole basis of conviction. 2007(1) Apex Court Judgments 254 (S.C.)
K.C.Suresh
(Expert) 20 May 2009
Vishal why can't you try for the name of the parties so that it can be easily down load from the site. S. 164 can ge retracted. But the court can take that into consideration. But should be careful. 313 is only a formality i beleive from experience.
