CCP 164Aअध्याय V · Information to the Police and Their Powers to Investigate

धारा 164A · [ Evidence of material witnesses to be recorded by Magistrate in certain cases. [Inserted by Act IX of 2007, Section 5.]

(1)

Any police officer not below the rank of Sub-Inspector, making an investigation of any offence punishable with death or imprisonment for seven years or' more, shall, in the course of such investigation, produce all persons whose statement appears to him to be material and essential for proper investigation of the case, to the nearest Judicial Magistrate for recording their statements.

(2)

Subject to the provisions of sub-section (3), the Magistrate shall record the statements of such persons produced before him under sub-section (1) on oath and shall forward such statements so recorded to the Magistrate by whom the case is to be inquired into or tried.

(3)

The Magistrate shall, before recording any statement of a person under sub-section (2), satisfy himself that such person is making the statement voluntarily and not under any inducement, threat or promise.

(4)

Copies of such statements shall be furnished to the police officer referred to in sub-section (1).]

(5)

[ In case the person making the statement is temporarily or permanently physically or mentally disabled, the Magistrate shall take the assistance of an interpreter or a special educator or a Medical Officer in recording the statement:Provided that if the person making the statement is temporarily or permanent physically or mentally disabled, the statement made by the person, with the assistance of an interpreter or special educator or Medical Officer, may be videographed:Provided further a statement recorded under sub-section (2) of a person who is temporarily or permanently physically or mentally disabled shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Evidence Act, Samvat, 1977 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.] [Inserted by Jammu and Kashmir Act

No. 11 of 2014

, dated 22.3.2014.]

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