Statement under Section 164 after Love Marriage

As given in the Code of Criminal Procedure, 1972 recording of statement is made under section 162 where the police officer records the statement and under section 164 Crpc the statement is recorded by the magistrate.

What is section 164 of the Code of Criminal Procedure 1972?  

The section 164 of the Crpc says about the statement which are being recorded by the Magistrate:

Any judicial magistrate or any metropolitan magistrate whether he is having the jurisdiction or not in the case can record any statement or any such confession, made before him in course of  an investigation under this law or at any time before commencement of the inquiry or trail, also provided in this section no police officer shall record any such statement or confession on whom any of such power is conferred.

Magistrate before recording such a statement or confession explains the person who is making such confession explains the person who is making such confession that if he/she is not bound to make a confession, and if he does then the confession may be used as the evidence against him. Before confession is recorded the person who is appearing before the magistrate and states that he is not willing to make any confession the magistrate shall not authorise any detention of such person.

Any confession made under section 164 Crpc before the magistrate shall be recorded as in the manner given in section 281 of the Crpc, the confession made shall be duly signed by the person making such confession and the memorandum shall be made by the magistrate. The magistrate who records such confession or statement shall forward it to the magistrate by whom the case is to inquire further or to be in trial.

Furthermore Explanation

As per section 164 Crpc the law empower the magistrate to first inform the accused that he/she is not under any obligation to make any kind of confession or statement and if confesses or give any such statement, then it must be used as evidence against him, the magistrate shall also ensure that person giving statement or confession is without any kind of pressure or influence 

Also the confession must be in documented form https://www.leadindia.law/ask-free-questionand also signed by the person who is giving a statement or confession, the confession is a kind of poor kind of evidence it must be attested by the proof or with other evidence as well which can be used to support the confession as well. 

In the case of  Pakal Narayan Swami vs. Emperor the court found that the accused was arrested and he accepted his guilt in front of police, but when he was taken to the magistrate, he refused to identify himself and also refused that he had committed any offence and thus during trail procedure the statement did not amount to confession as there was no direct admission of guilt by the accused

How to give statement under 164 after love marriage

As in India the customs and traditions binds the couple who perform the love marriage and due to which they run or without parental consent performs the marriage and start living a new life, but out this the parents or relative lodge the complaint against the couple and thus this creates havoc for the newly married couple and then they have to go through different law procedures. Often the couples get arrested and thus they have to give a statement under 164 Crpc in front of the magistrate.

What should a couple keep in mind while giving such a statement?

The statement under 164 Crpc will done only when FIR or Complaint is registered against the person, no advocate or any person other than the magistrate is authorised to record such statement, the police will take you to the magistrate and there your statement will be recorded as per 164 Crpc, no any person can pressurise you while giving statement, the person giving statement is free to give statement before the magistrate, don’t be afraid or frightened while giving the statement before magistrate under section 164 Crpc.

How can Lead India help you?

The Criminal law experts of Lead India will help you by guiding through procedures and also they will assist you how to get protection from your relatives and families and also they will help you in getting bails and reliefs.