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"Confession" And "Statement" Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 (5) Cr.P.C. in case the declarant survives ? Ans. Yes. Where a statement is recorded ...

Sikri , Uttar-pradesh , India , State-of-karnataka , Karnataka , Allahabad , State-of-kerala , Kerala , State-of-madras , Tamil-nadu , Madras , Guruvindappali-anna-rao

"Confession" And "Statement" Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VII]

Q.31 Should a victim or witness be sponsored by the Police for recording his or her “statement” under Section 164 (5) Cr.P.C. ? Ans. Yes. A person who is neither an accused nor sponsored...

State-of-orissa , Orissa , India , State-of-karnataka , Karnataka , Kerala , Shivanna-tarkari , V-gopala-gowda , Gyan-sudha-misra , K-abraham-mathew , Jogendra-nahak , Magistrate-court

'Victim's Trauma Doesn't End With Rape' - Bombay High Court Recommends Amendment To Give Victim's 164 Statement The Status Of Examination-In-Chief


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In a significant ruling, The Bombay High Court has urged the State and Central Governments, to bring amendments under relevant laws and give statements recorded before a magistrate under section 164 of the CrPC, the status of examination-in-chief.
A division bench of
Justices Prasanna B Varale and Shriram M Modak observed that the trauma of a victim does not end with the incident and real life issues may compel a victim to "
forgo all the trauma which she had undergone and to take U turn," at the time of trial.
"We hope that legislatures will also consider the practical realities of the life which the victim has to face."

Karnataka , India , Shivanna-tarkari , Shriramm-modak , Prasannab-varale , Supreme-court , Information-technology , Justices-prasannab-varale , State-of-karnataka , Tarkari-shivanna , Sexual-offences-act , Special-court