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 3 Replies

Deeksha Chugh   06 June 2020

Section 164 of which act sir?

Padmanabhan Krisshnan   07 June 2020

which act?

KISHAN DUTT KALASKAR (Advocate)     07 June 2020

Examination of witness/accused  under section 164 of Code of Criminal Procedure

Confession is the admission of guilt, stating or suggesting an inference as to guilt by an accused made in custody. According to Justice Stephen, a “confession”, is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime.

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Need for recording

The need for recording statements of a witness under section 164 of the code is two-fold:

  1. To deter witness from changing their versions subsequently: and
  2. To get over the immunity from the prosecution in regard to information given by the witness under section 162 of the code. Another reason for recording statement of witnesses under the section 164 of the code is to minimize the chance of changing the versions by the witness at the unit under the fear of being involved in perjury.

 


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