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Apr 26, 20233 min read

What Is The Evidentiary Value Of Statement Before Magistrate

Any person who was present at a crime scene or who provided evidence in a case that is currently under trial may provide a statement or record a confession about the incident in the presence of any judicial magistrate or metropolitan magistrate, and the statement or confession will be recorded.


A recorded statement is your account of what transpired at the event, including occurrences that may have occurred before or after the accident, if any.


Under the Code of Criminal Procedure, especially Section 164, statements may be recorded, and the judicial magistrate or metropolitan magistrate takes the recorded statement.


When the investigating officer asks that the complainant's testimony be taken down or when the complainant approaches the Magistrate on their own behalf to have their statement recorded, the statement is recorded in accordance with Section 164 of the Criminal Procedure Code.


Section 164 of the Criminal Procedure Code

Any statement made by the person being charged cannot be regarded as a confession unless guilt is accepted. Therefore, not all statements qualify as confessions. According to Sections 164 (2), (3), and (4), the confession must be recorded in a specific way.


The section contains a clause that specifies how comments from an accused person who is either permanently or temporarily mentally or physically disabled should be recorded.


The magistrate may not use previously recorded comments as the main examination, and the accused may not be put under cross-examination, according to Section 164, unless the accused specifically requests to be brought as a witness.

Evidentiary Value of Statement before Magistrate

The provision of Section 162(1) specifies the conditions under which the statements may be utilized for a specific purpose. It states that if a witness is called as a prosecution witness and their statements have been reduced to writing and have been properly proved.


Shown to have been made by the witness, they may be used by the accused and, with the court's permission, by the prosecution to refute that witness in accordance with Section 145 of the Evidence Act.


The following factors must be present in order to draw the proviso-

  • The prosecution must have called a witness;

  • A statement from a witness to a police officer is required;

  • The assertion in question has to be reduced to writing.

  • This assertion had to be supported by evidence.

The provisions under Section 27 and Section 32 (1) of the Indian Evidence Act are fully unaffected by Section 162. According to this clause, remarks provided to police during an inquiry may not be used to support other claims.


This ban is based on the presumption that the police are unable to accurately record the statements and that the statements cannot be used as evidence by the prosecution because they may be biased.


Judicial Pronouncement

In the case of Raghunandan v State of U.P., the Supreme Court ruled that Section 162 is only intended for use by parties. According to Section 165 of the Indian Evidence Act, a court may inquire into any matter, whether it be one of corroboration or contradiction.


The Indian Evidence Act's Section 165 is unaffected by Section 162. Therefore, the limitations imposed by Section 162 of the Code are not relevant when the court examines a person as a court witness under the virtue of Section 311 of the Code or asks a witness any question under Section 165 of the Evidence Act.


You will need a lawyer if you have already given a recorded statement or desire to make a confession about any legal matter. If you need the help of lawyers to assist you in making a confession or giving a statement, then Lawyers in Lucknow can be hired.


If you need the help of lawyers to assist you in making a confession or giving a statement, then Lawyers in Ghaziabad can be hired. Similarly, Lawyers in Delhi can be employed if you need the help of lawyers to assist you in making a confession or giving a statement.


At Lead India, you can consult and talk to lawyers. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.


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