164 crpc

eswaramurthi (Querist) 28 March 2011 This query is : Resolved
Whether a major girl who is having marriage with major boy (only police complaint is pending before station)can give statement u/s 164(5) CrPC before some other magistrate who is not having jurisdiction?

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Devajyoti Barman (Expert) 28 March 2011
How could you say that the Magistrate was not having jurisdiction. Such thing is not supposed to happen.

Selva Kumar (Expert) 30 March 2011
As per sec.164 (6), the magistrate recording a confession or statement shall forward it to the magistrate by whom the case is to be inquired into or tried.

Arvind Singh Chauhan (Expert) 30 March 2011
I agree with Selva Kumar.

Sarvesh Kumar Sharma Advocate (Expert) 30 March 2011
SELVA IS RIGHT!
AGREE WITH SELVA'S VIEW!

Advocate. Arunagiri (Expert) 30 March 2011
164 ...(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.

Such statement can be forwarded to the jurisdictional magistrate.

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