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 i...

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