Can anyone tell me what the lady is trying to do ???

872 votes

The object of recording of statements of witnesses/accused under section 164 of the Code is twofold : (1) To deter witnesses from changing their versions subsequently and (2) To get over the immunity from the prosecution in regard to information given by the witnesses under section 162 of the code. The other reason of recording statement of witnesses under section 164 of the CRPC, 1973 is to minimize the chances of changing the versions by the witnesses at the trial under the fear of being involved in perjury. The object behind it is, that, when during the course of investigation police records the statements under section 162 of the Code they cannot administer oath to the person making statement and cannot obtained his signature, but under section 164 of the Code, a Magistrate recording statement of a person can administer oath to him and obtain his signature over the statement, certainly if a person makes and signs a statement then naturally he comes under moral obligation and chances of his turning hostile will be reduced. But the evidence of witness whose statement is recorded under section 164 of the Code must be approached with caution.

Advocate Pankaj Bajaj LawRato