Whether Magistrate's examination is necessary to prove statements of witness recorded by him under s 164 Cr. P.C?
Swami Sadashiva Brahmendra Sar (Nil) 10 June 2009
Whether Magistrate's examination is necessary to prove statements of witness recorded by him under s 164 Cr. P.C?
Rajesh Kumar (Advocate) 10 June 2009
No. Under Evidence Act, acts done in official capacity are presumed to have been done legally and correctly, unless contrary is proved. Hence such examination is not required in routine manner.
If however, such presumtion is rebutted successfully, such examination may be required.
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