RECORDING OF STATEMENT OF AN ACCUSED
- Ä What do you understand by statement of accused? Can accused appeared as a witness and make statement on oath? Discuss with special reference to provision of law.
- Ä Is it obligatory on the part of the accused to appear in the witness box during trial and give evidence on oath in disproof of the charge? Discuss with reference to the law.
INTRODUCTION
“AUDI ALTERAM PARTEM”
Hear the other side.
RELEVANT PROVISIONS
Section 342 and 364 Cr.P.C
STATEMENT OF ACCUSED UNDER SECTION 342
I- STAGE WHEN STATEMENT OF ACCUSED IS RECORDED
i) At any Stage of Inquiry or Trial
ii) Without Previous Warning
iii) After the Close of Prosecution Evidence
II- STATEMENT SHALL BE ACCEPTED OR REJECTED AS WHOLE
III- NO LIABILITY ON REFUSING TO ANSWER ANY QUESTION
IV- NO CASE OF PERJURY
V- INFERENCE MAY BE DRAWN BY COURT
VI- STATEMENT MADE UNDER SECTION 342 MAY USED AGAINST HIM
VII- NO OATH ADMINISTERED
VIII- MANDATORY PROVISION
MODE OF RECORDING STATEMENT UNDER SECTION 364
Whenever the accused is examined by any magistrate or court other than a High Court under section 342 his statement shall be recorded in the following manner.
I- STATEMENT SHALL BE RECORDED IN FULL
II- LANGUAGE IN WHICH STATEMENT SHOULD BE RECORDED
III- SHOWING OF RECORD TO THE ACCUSED
IV- POWER TO EXPLAIN OR THE ADD TO ANSWER
V- SIGNING OF RECORD
VI- CERTIFICATION BY MAGISTRATE
VII- PROCEDURE WHERE EXAMINATION OF ACCUSED IS NOT RECORDED BY MAGISTRATE
CONCLUSION
if a person deny charges and only police is in witness then what should be a guessing judgment,, in favor of accused,?
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