Under Section 164 CrPC, confessions or statements may be recorded by:
Answer & Solution
Correct answer: C.
1. Section 164(1) CrPC: '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.'
2. Executive Magistrates CANNOT record Section 164 statements.
3. Section 164 confessions must be voluntary; warning under Section 164(2) is required; medical examination of accused is required before recording (Selvi v. State of Karnataka).
4. Section 164A CrPC, inserted 2005, provides for medical examination of rape victims.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 164_
Related questions
Section 357A CrPC, inserted by the 2009 Amendment Act, provides for:Section 161 IPC criminalises the taking of:Section 320 CrPC deals with compounding of offences. Compoundable offences:Section 122 IEA enacts marital privilege. It provides that:Section 60 IEA enacts the rule that oral evidence must be DIRECT, namely:Section 173 CrPC requires the officer in charge of a police station, on completion of inveSection 156 CrPC empowers the officer in charge of a police station to investigate a cogniSection 268 IPC defines 'public nuisance' as an act which causes: