164 Cr. P. C.
kumar sachin
(Querist) 02 June 2008
This query is : Resolved
can statement u/s 164 cr. p.c. be taken second time or twice?
amit gupta_lawyer
(Expert) 02 June 2008
well it would be contradictory coz then earlier one would be wrong and one could be held for giving false statement on oath.
under sec 164 crpc:-
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any, time afterwards before the commencement of the inquiry or trial:
Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is bear, made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorize the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect.
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A.B.
Magistrate".
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
STATE AMENDMENT
Andaman and Nicobar Islands and Lakshadweep:
After sub-section (1) of section 164, the following sub-section shall be inserted, namely.
"(1A) Where, in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary and expedient so to do that Government after consulting the High Court specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial Magistrate shall he construed as references to the Executive Magistrate so empowered."
[Vide Regulation 1 of' 1974, sec. 5 (w.e.f. 30-3-1974)].
H. S. Thukral
(Expert) 02 June 2008
why a witness would get his statement recorded twice?
If permitted, it will be considered as improvement over the first statement and his earlier statement will become unreliable and untrustworthy.
Srinivas.B.S.S.T
(Expert) 10 June 2008
As my friends sated above 164 Cr.P.C statement will be recorded by a magistrate. If the deponent deviates from his version, while deposing in the court criminal proceedings against him for perjury can be initiated. If 164 Cr.P.C statement is recorded twice the secound will alway be an improvement/denial of the prior statement. As such law made no provision about recording 164 statement twice or thrice. But if there is a development/improvement in the case with respect to which the statement is recorded then the statement can be recorded again but only pertaining to that extent relates to the improved/developed version of the case. For example in a 338 IPC case if the injured succubs to the injuries the section will be altered to 304-A then recording of additional statement will take place. Hope your doubt is cleared. If you have further doubts you are free to ask me. Thank you
