Statement u/s 164 cr. p. c.
Ajay Bansal
(Querist) 15 February 2021
This query is : Resolved
Respected Friends,
Can a statement u/s 164 Cr. P.C. of the complainant be recorded by the Magistrate, before the registration of F. I. R. in an enquiry conducted by S.H.O on the order of Superintendent of Police?
SHIRISH PAWAR, 7738990900
(Expert) 15 February 2021
Hello,
As per my opinion yes, the magistrate can record the statement u/s. 164 of crpc before registration of FIR.
Advocate Bhartesh goyal 
(Expert) 15 February 2021
Yes, on request of investigation officer magistrate can record the statement u/ sec 164 of Cr.P.C.
Dr J C Vashista
(Expert) 17 February 2021
The Investigating Officer shall have to apply to area Magistrate for recording statement u/s 164 Cr PC.
K Rajasekharan
(Expert) 24 February 2021
No, it is not possible. Magistrate cannot record a statement before an FIR is filed and investigation is started.
A Magistrate can record the statement of a complainant under Section 164 only during the course of an investigation. An investigation is a process that starts with the recording of an FIR but not before, and ends with the submission of police report.
In the recent past, Kerala High Court pointed out that there is great dearth of knowledge on the use of 164 statements in evidence and the procedure for its recording by the judges in the state including Sessions Judges.
Therefore the Court directed the Kerala Judicial Academy to train them, as I pointed out with citation in my article on the subject available at https://www.lawwatch.in/2021/02/24/making-a-confession-or-statement-under-164-crpc/
Guest
(Expert) 24 February 2021
This K Rajasekharan had already Made some Bad Comments about Honorable Judges and Learned Advocates and Now he had Posted Damaging Comments about Kerela High Court As If the Kerela High Court is following the Directions of This Fellow which is in his website. This is Not the Marketing Place for his websites. Every thing is made in Record
K Rajasekharan
(Expert) 25 February 2021
This query was a pin pointed one for which a direct answer is not there in any provision of the criminal procedure code.
In such a situation the only way to approach such a query is to look at it analytically and arrive at a solution. Law is a vast subject no one can get hold of its core areas very easily even in a lifetime.
In case if anyone has a difference of opinion as to any of such answers I give, I consider it as a duty to have a healthy discussion on such differences, if he approaches it with civility.
But any uncivil, snide remark from anyone will get no attention as it is not to be encouraged but need to be buried in silence. Such a comment deserves nothing but neglect.
Guest
(Expert) 25 February 2021
K Rajasekharan -- This is the Place to help out the Querists for their Legal Doubts and Not the Place to make Damaging Comments on Honorable Judges and Learned Advocate which you had already done and Here you had posted As If the High Courts are following your Directions made by you the great man in your websites. Remember this is not the place for Marketing any websies. Every thing is in Record -- Remember and you can not Bury your illegal deeds So Easily.. Obviously you are Not Able Bury your Illegal Activities in Silence as mentioned by you Since your Guilt will not allow you to Bury your illegal Deeds
