164 crpc
B Pradhan Singha
(Querist) 31 August 2012
This query is : Resolved
If victim recorded confessional statement u/s 164 crpc, may it be treated as an evidence during trial.
During the trial, can victim withdraw his/her 164 crpc statement, given earlier, or can he/she claim it as false and can s/he change his/her statement in his favor during trial?
Can the complainant may get a copy of said statement?
Can police made charge sheet on the basis of 164 statement of victims?
Note: Complement has the legal relation with victim.(spouse)
please respond.
ajay sethi
(Expert) 31 August 2012
there is no way an accused can retract from a statement made under Section 164 of the CrPC.
When an accused makes a confessional statement, then he is made aware that the same can be used as evidence against him in a court of law during the trial,"
In case an accused retracts his statement at the time of the trial,
the accused can be hauled up for perjury as well
cannot seek a conviction only on the basis of such a statement made under Section 164The confession will, however, be subject to judicial scrutiny; only then can it be used at the time of the trial.
R.K Nanda
(Expert) 31 August 2012
Academic query.
B Pradhan Singha
(Querist) 31 August 2012
NO, I am not a student of Law. I am a student of CA.
The query posted above is based on a real fact of my won life.
I am the complainant and victim is my wife.
The case is under Kotwali P S of paschim midnapore,-matter is a inter cast marriage.
so please don't reject on a academic query ground.
Devajyoti Barman
(Expert) 31 August 2012
Well, the accused person is always free to retract from his/her evidence.
The question is which one the court would accept which would depend on the peculiar facts situation of the case.
free legal service
(Expert) 01 September 2012
to me it seemed professional query n expert sethi has rightly answered it.ur query is perfectly professional but i DONT KNOW ITS ANSWER sorry.i dont know answer but i never write such remarks ACADEMIC QUERY. 164 crpc only comes into pic when its author distracts fro it.so it entails offence of perjury.let us leave it on the judge at the end of trial in ur case abt ur perjury case.
Raj Kumar Makkad
(Expert) 02 September 2012
You have used 2 words victim and confessional statement which I think none of the experts have given proper attension. victim means complainant. Complainant need not make confessional statement. Confession is made by accused and not by complainant. Statement of complainant is recorded under section 164 narrating the reason of alleged crime. I think you might be facing trial under section 366/376 IPC whereas this was your love marriage with the consent of both. Under the pressure of her family, she might have changed and might have made statement under pressure in favour of her family members. She can still change her statement during the trial.
Raj Kumar Makkad
(Expert) 02 September 2012
If this is the situation then you should try to contact your wife and should prepare her to make a fresh statement which can be got duly verified by court and then you may be discharged even without facing trial.
B Pradhan Singha
(Querist) 03 September 2012
Thank you Mr Makkad Sir,
You are write, but matter is that my wife has been abducted by my in-laws and may be given a 2nd marriage,she is confined now.
I had make a FIR(through 156(3) crpc)U/s 365,366,497,506 IPC
Actually no one has given attention about the word victims.
By some contacts/influence, i used against police, police is agree to recover her and made a statement u/s 164crpc. In a phone contact i said my wife to say true in her statement and she agreed it.
But i fear of that if at the time of trial, by pressure, she says reverse, then her statement already given will be false? I have no evidence of her 2nd marriage, but only a have a eye witness, but he is also not agree to give witness. Then my position will be false.
so i want to know that:-
1)what is the procedure to start the trial after her statement.
2)may i get her custody if she agree to stay with me?
3) may we get police protection as there is a verdict of supreme court in "Arumugam Servai vs State Of T.Nadu on 19 April, 2011" case---para 16,17,18 for inter cast marriage? What to do for asking protection?
4)actually IC of the concerned police station is purchased by her parents. so, further i fear that they will do same act of violence and police will remain silent.
please help, i am confused, but we want to stay together. we had a 12 year courtship.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
Full sympathy for you. You have opened so many threads on the same issue :-
http://www.lawyersclubindia.com/experts/366-497-376-336576.asp
http://www.lawyersclubindia.com/experts/police-protection-336526.asp
http://www.lawyersclubindia.com/experts/164-CRpc-335121.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-335061.asp
http://www.lawyersclubindia.com/experts/URGENT-366-365-497-506-IPC-325251.asp
http://www.lawyersclubindia.com/experts/164-CRpc-322991.asp
http://www.lawyersclubindia.com/experts/RTI-Act-321936.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-321916.asp
http://www.lawyersclubindia.com/experts/is-2nd-marriage-legal-if-first-marriage-is-under-special-marriage-act-296866.asp
You are advised to put all queries on one thread instead of getting confused.
Facts shown in these threads indicate the you are on good legal footing.
