Section 164 of CrPC : Section 164: Recording of confessions and statements.

Explanation using Example

Example 1:

Scenario: Confession in a Theft Case

Ravi is accused of stealing a motorcycle. During the police investigation, Ravi confesses to the crime. The police take Ravi to a Metropolitan Magistrate to record his confession under Section 164 of the Code of Criminal Procedure, 1973.

Process:

1. Magistrate's Role: The Magistrate explains to Ravi that he is not obligated to confess and that his confession can be used as evidence against him.
2. Voluntariness Check: The Magistrate questions Ravi to ensure that the confession is being made voluntarily and not under any pressure or coercion.
3. Recording the Confession: Once satisfied, the Magistrate records Ravi's confession in the manner prescribed by law and ensures Ravi signs the document.
4. Memorandum: The Magistrate adds a memorandum at the end of the confession stating that Ravi was informed about his rights and that the confession was made voluntarily.
5. Forwarding the Confession: The recorded confession is then forwarded to the Magistrate who will handle the trial.

Example 2:

Scenario: Statement in a Sexual Harassment Case

Priya is a victim of sexual harassment at her workplace. She reports the incident to the police, who then take her to a Judicial Magistrate to record her statement under Section 164 of the Code of Criminal Procedure, 1973.

Process:

1. Magistrate's Role: The Magistrate records Priya's statement in the manner best suited to the circumstances of the case.
2. Special Provisions: Since the case involves an offense under Section 354 of the Indian Penal Code, the Magistrate ensures that Priya's statement is recorded as soon as the offense is reported.
3. Assistance for Disabled Victims: If Priya were temporarily or permanently mentally or physically disabled, the Magistrate would take the assistance of an interpreter or special educator and ensure the statement is video graphed.
4. Use in Trial: Priya's recorded statement can be used as evidence during the trial, and she can be cross-examined based on this statement without needing to record it again.

Example 3:

Scenario: Confession in a Murder Case

Aman is accused of murdering his neighbor. During the investigation, Aman confesses to the crime. The police take Aman to a Judicial Magistrate to record his confession under Section 164 of the Code of Criminal Procedure, 1973.

Process:

1. Magistrate's Role: The Magistrate informs Aman that he is not required to confess and that his confession can be used as evidence against him.
2. Voluntariness Check: The Magistrate questions Aman to ensure that the confession is being made voluntarily and without any coercion.
3. Recording the Confession: The Magistrate records Aman's confession in the manner prescribed by law and ensures Aman signs the document.
4. Memorandum: The Magistrate adds a memorandum at the end of the confession stating that Aman was informed about his rights and that the confession was made voluntarily.
5. Forwarding the Confession: The recorded confession is then forwarded to the Magistrate who will handle the trial.

Example 4:

Scenario: Statement in a Rape Case

Neha is a victim of rape. She reports the incident to the police, who then take her to a Judicial Magistrate to record her statement under Section 164 of the Code of Criminal Procedure, 1973.

Process:

1. Magistrate's Role: The Magistrate records Neha's statement in the manner best suited to the circumstances of the case.
2. Special Provisions: Since the case involves an offense under Section 376 of the Indian Penal Code, the Magistrate ensures that Neha's statement is recorded as soon as the offense is reported.
3. Assistance for Disabled Victims: If Neha were temporarily or permanently mentally or physically disabled, the Magistrate would take the assistance of an interpreter or special educator and ensure the statement is video graphed.
4. Use in Trial: Neha's recorded statement can be used as evidence during the trial, and she can be cross-examined based on this statement without needing to record it again.