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Examination of witness under section 164 of Cr.P.C.

Examination of witness under section 164 of Cr.P.C.

Section 164 of the Code of Criminal Procedure (Cr.P.C.) in India provides for the examination of witnesses by a magistrate. This section plays a crucial role in the criminal justice system as it allows for a recorded statement of a witness to be taken under oath before a magistrate. The primary purpose of this provision is to ensure a fair and transparent trial by preserving the evidence of witnesses in a manner that is admissible in court.

When a witness is to be examined under Section 164, the magistrate conducts the proceedings in their judicial capacity. This can be at any stage of the investigation, and it is not limited to only the trial phase. The magistrate has the authority to record the statement of the witness either in writing or through audio-visual means, depending on the circumstances.

The witness is required to make the statement voluntarily and truthfully, and the magistrate has the responsibility to ensure that the witness understands the importance of speaking the truth. This procedure acts as a safeguard against potential coercion or intimidation of witnesses. The recorded statement can later be used as evidence during the trial, and it holds significant weight in establishing the facts of the case.

One key advantage of recording statements under Section 164 is that it provides a reliable account of the witness’s testimony. Since the magistrate is an independent judicial officer, the statement is less susceptible to external pressures or influences. This helps in maintaining the integrity of the evidence and contributes to a more credible and just legal process.

In conclusion, Section 164 of the Code of Criminal Procedure serves as a vital tool in the administration of justice by allowing for the recorded examination of witnesses. This legal provision ensures the preservation of accurate and unbiased evidence, enhancing the fairness and transparency of the criminal justice system in India.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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