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About 164 Statement Infront Of Magistrate And Chance to Win My Case?
07-Aug-2023 (In Criminal Law)
Iam a victim i already given 164 statement in ipc 376 but i forgot to say some important matters . Is it affect my case during in trial ? Is there any second chance to 164 statement? already charge sheet filed. I want to add extra matters missing in 164 before the trial court is it possible? Is Sex on false promise of marriage is punishable ?how much year? How can i win this case what proof needed? Me and accused loving 7 years but one time he cheated and rape me after that i never meet him but he contact me and given promise i will marry you dont complaint against me it harmful for both of us. I believe his words but after 2 years of that incident he cheated again not interested to marry me . I given complaint against him. But due to 7 years of love he may create it is a consent relation but it is not true how can i win this case . After that incident we contact for 1 year due to his promise but i forgot to say his promise on 164 statement
Dear Madam,
You must be happy that 164 of CrPC statement was recorded by the Magistrate. It is strongest evidence in India. You should not try to add something more to it. If you are give evidence accordingly then the Accused will get convicted provided other witnesses support the prosecution case.
You must be happy that 164 of CrPC statement was recorded by the Magistrate. It is strongest evidence in India. You should not try to add something more to it. If you are give evidence accordingly then the Accused will get convicted provided other witnesses support the prosecution case.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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What is the difference between statement recorded under section 161 and 164 CrPC?
The statement made under section 161 of the CrPC by the police is not on oath. If the witness is found to have lied about it, he or she will be charged with giving false evidence. 14 Nov 2023
What is the validity of Section 164 CrPC?
Legal provisions. The section 164 CrPC speaks about the statements recorded. Subsection (1) allows the Magistrate, regardless of whether he has jurisdiction over the case, to record a statement or confession. If he doesnt have jurisdiction, sub-section (6) will be applicable. 12 Jan 2018
What is the relevancy of statement under section 164 CrPC?
The statement taken by a magistrate from a witness pursuant to section 164 of the CrPC does not constitute substantive evidence. This statement can be used to prove that the witness has made a previous statement. The accused can use this statement to contradict a witness, and the prosecution may also use it with permission from the court if a witness becomes hostile.
What is restatement under section 164 CrPC?
The Act 25 of 2005, which inserted 164 ACrPC in the CrPC, imposes a duty on the part of the investigating officer to have the victim of rape medically examined immediately. The report of this medical examination must be handed to the Magistrate recording the statement of victim under S.7 May 2023.
The Court held, that while there was no restriction on the Investigation Officer moving applications for recording statements under Section 164 of the CrPC more than once, the victim could not make such requests because it would destroy the sanctity and integrity of such a statement.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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