According to the definition, a statement is an act of stating or reciting. The phrase nowhere in the Act is the term "statement" defined. But it carries a whole host of implications. Sections 161 and 162 of the Criminal Procedure Code often contain provisions for recording statements. The confessional statements of the accused will be recorded in accordance with section 164 of the Crpc.
According to section 164(1) of the Criminal Procedure Code, any statement or confession given to a Judicial Magistrate or Metropolitan Magistrate during an investigation may be recorded, regardless of whether they have jurisdiction over the matter. According to Section 164(5) of the Code, a judicial magistrate has the authority to record any statement (other than a confession statement) that, in the magistrate's judgment, is the most appropriate given the circumstances of the case.
The idea behind it is that under Section 162 of the Code, when the police record statements during an investigation, they are not permitted to administer an oath to the witness or obtain his signature, but under Section 164 of the Code, a magistrate recording the statement of a person is permitted to do both. Undoubtedly, if someone makes and signs a statement, they are automatically put under moral obligation and are less likely to become hostile.
The magistrate must document the confession in the same way that section 281 describes how to document the examination of the accused. The accused must also sign it, in addition to the Magistrate. Additionally, the magistrate must add a memorandum for the record as specified in the subsection (4). If he lacks the authority to investigate or prosecute the crime, he must forward the recorded confession to the magistrate who will investigate or trial the matter.
The requirements of Section 164 of the Criminal Procedure Code, as well as the regulations and guidelines established in this regard by the Honorable High Court that provide for procedural protections and other requirements must be fulfilled not only in letter but also in spirit. A confession is not admissible in evidence if the magistrate does not record it in accordance with section 164 of the Criminal Procedure Code.
Evidentiary value:
The statement cannot be accepted as substantive evidence if the maker does not testify under oath about these facts during the trial, according to the evidentiary value of a statement recorded in accordance with Criminal Procedure Code Section 164. The court must first be convinced that the procedural rules outlined in subsections (2) through (4) are followed before acting on a confession given before a judicial magistrate under section 164. These are excellent precautions to make sure the accused confesses voluntarily after being informed of the consequences of doing so. The court should make an effort to consider whether the accused was not under fear, pressure, or incentive when giving the confession.
Case Laws:
· A trial court ruling allowing the attendance of a lawyer during the questioning of a Delhi Minister from a visible but audible distance has been suspended by the Delhi High Court. It was noted that while such a direction may be passed when there is credible evidence to support the real and live suspicion of a possible threat or coercion being used at the time of recording a statement, the present case does not support such a suspicion, so the direction should not have been given as a matter of right.
· The Supreme Court has stated that, unless the confessional statement is recorded via audio-video electronic means, it is not necessary for a confession or statement under Section 164 of the Code of Criminal Procedure to be made in the presence of the advocate(s).
Even if it is not required, it is nonetheless good to record the statement in the attorney's presence. The presence of a lawyer will shield you from threats and pressure of any type. Additionally, it will provide the user a sense of confidence and security. A lawyer is knowledgeable about all of your rights and can defend them. For assistance of lawyer one needs to appoint a lawyer. If you are living in Lucknow then a Lawyer in Lucknow can be appointed. Lawyers in Ghaziabad can also be consulted I f your case is going on in Ghaziabad. Lawyer in Delhi can also be appointed if the person lives in Delhi.
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