imteyaz farooquee (Sub-divisional Prosecution Officer) 05 July 2017

164 cr.p.c statement

what is the consequence of statement made u/s 164Cr.P.C of a victim aged about 15 years in a case u/s 366A I.P.C

2 Replies

Raveena Kataria (Advocate ) 05 July 2017

Section 164 of the CrPC deals with confession that can made my an accused person to the magistrate. A confession is an admission made by the acussed as to his guilt/involvement in any criminal offense.

If the person in question (victim) wants to make a private complaint to the magistrate, she can do so u/s 200 CrPC. Age wouldn't be a bar in such matter. Of course it'd be advisable that a parent/guardian is present with her while she's giving account of the incident to the magistrate.

M.P.S. JANGPANGI (Layer) 06 July 2017

there is no consiquence of STATEMENT made before Magistrate U/S 164 Cr.P.C., until it has been CROSS EXAMINED by the OPPOSITE PARTY/ ACCUSED or his ADVOCATE. The said GIRL can differ with her PREVIOUS STATEMENT or the OPPOSITE PARTY/ ACCUSED or his ADVOCATE might be able to ELICIT some good evidence in their favour.

Therefore consuquences of any statement cannot be withdrawn until cross examination is done.