161/162/164 CrPC

 

Statute

• 161
• 162
• 164 CrPC
• Statement required to be recorded by a judicial magistrate under that particular section in due discharge of his judicial functions 
• as such the act of recording the statement was judicial act which was performed by a public servant while discharging judicial functions
• Document is relevant u/s Section 35 of IEA and also Section 72 of IEA ( assumes the character of being public document )

Important Points

• 164 CrPC
• Statement u/s 164 CrPC could not strictu sensu be said to be mere statement during investigation which could be treated a part of teh case diary
• It could never be put at part with a statement u/s 161 crPC and and as such it could never be said to be part of case diary

145 CrPC - Compliance with 161 CrPC 

Taslidar  Singh

AIR 1959 SC 1012 

Sensitive and sentimental women - sprit of revange 

Sharat B AIR 1984 SC 1622

Women have uncanny abitiy of women

AIR 1983 SC 446

Case Law

• Bashiruddin Vs Emperor AIR 1932 Allahabad 327
• Statements u/s 164 CrPC was public record and that was bound to be supplied to the accused on admissible cost if he had applied for it. 
• An accused is undoubtedly entitled to inspect statements of prosecution witness recorded u/s 164 CrPC
• Such statements can be used by the prosecution for corroborating the witness.