In this post we will discuss about Writ petition to Quash statement under Section 164 CrPC wherein the father of the complainant has filed a writ petition in the HC. The father of the woman requested the court not to consider his daughter’s statement that was recorded before a magistrate
KARNATAKA SEX CD SCANDAL CASE AGAINST BJP LEADER JARKIHOLE: WOMAN’S FATHER MOVES TO HIGH COURT AGAINST HER ‘164 STATEMENT’.
In the Karnataka CD scandal case, the father of the complainant has filed a writ petition in the HC. The father of the woman requested the court not to consider his daughter’s statement that was recorded before a magistrate
The father said in his petition that his daughter was a victim of circumstances and politics and her indecent video was aired by various media.
THE STATEMENT WAS RECORDED UNDER PRESSURE SHATTERING ALL LEGAL NORMS.
FACTS
The father of the woman, said to be featured in the ‘sex video’ allegedly involving former minister Ramesh Jarkiholi, has approached the Karnataka High Court questioning the police recording his daughter’s statement.
The father said in his petition that his daughter was a victim of circumstances and politics and her indecent video was aired by various media.
Stating that he had lodged a police complaint that his daughter was kidnapped by unknown influential people in Belagavi, he said his daughter too lodged a plaint with police.
In the course of investigation, the petitioner has learnt that the statement of his daughter is recorded under section 164 of the CrPC … throwing all legal norms to the winds,” the petition said. He argued that recording statement under section 164 of the CrPC was not only violative of the mandatory requirements of the said provision, it is also violation of Article 21 of the Constitution of India (protection of life and personal liberty).
LEGAL PROVISIONS
SECTION 164 OF CrPC : deals with Recording of confessions and statements.
It reads as
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
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(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:-” I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
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(Signed) A. B. Magistrate”.
(5) Any statement (other than a confession) made under sub- section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
ALSO READ- KAILASH RAI VS THE STATE OF BIHAR & ORS ON 8 APRIL, 2016
ARTICLE 21 OF INDIA CONSTITUTION: Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
LEGAL OPINION
The record of a statement under 164 of CrPC by a magistrate shall be followed by in the norms under section 281 of CrPC. That includes from preparation of memorandum to sign it and also it shall be shown or read to the accused. It shall not be under any pressure or threatening. Section 164 of CrPC clearly says that the confession made shall be under voluntary will.
CONCLUSION
In his petition to the court, the woman’s father said his daughter was under a lot of pressure. He appealed to the court to keep her in isolation either with the family or with the court so that she can record her statement without any pressure.
This post is written by Revathi Balakrishnan.
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