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- A very important section 12 of the Protection of Human Rights Act, 1993
- डॉ. एंथोनी राजू सबसे बेहतरीन और प्रतिभाशाली आपराधिक अधिवक्ताओं और प्रसिद्ध मानवाधिकार कार्यकर्ताओं में से एक हैं,
Why Recording of confessions and statements is important under Crpc 164 and Medical Under 164a
Recording of confessions and statements
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 any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence;
Provided further 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.
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.
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.
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.
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.
(5A)1 —In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police;
Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement;
Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video graphed.
A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.
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.
1 Criminal Law (Amendment) Act, 2018
S. 164 A
Medical examination of the victim of rape
Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.
The registered medical practitioner, to whom such woman is sent shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely—the name and address of the woman and of the person by whom she was brought;
the age of the woman;
the description of material taken from the person of the woman for DNA profiling;
marks of injury, if any, on the person of the woman;
general mental condition of the woman; and
other material particulars in reasonable detail,
The report shall state precisely the reasons for each conclusion arrived at.
The report shall specifically record that the consent of the woman or of the person competent, to give such consent on her behalf to such examination had been obtained.
The exact time of commencement and completion of the examination shall also be noted in the report.
The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of Sub-Section (5) of that section.
Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.
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ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE
(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.
All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju
Advocate , Supreme Court of India.
Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General : Asian Human Rights Council
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Most Rev. Dr. Anthony Raju - Advocate, Supreme Court of India and a dynamic criminal advocate, dedicated, internationally accredited HUMAN RIGHTS, PEACE Ambassador and is one of Global's foremost voices of Human Rights.
According to Dr. Anthony “Criminal is one of the few professions where the client buys someone’s luck. The luck of most people is strictly non-transferable. But a good criminal lawyer can sell all his luck to client and the more the luck he sells the more he has to sell.
The qualities/attributes to become a successful criminal lawyer is, one needs to be dedicated, willing to put in hard work, have lots of stamina and loads of perseverance. These four qualities and integrity are fundamental to a successful career in criminal law. It has been believed by people that criminal law involves limited drafting and that the workload is not heavy. But be it a trial strategy, a bail or a cross-examination, one has to put in long hours of research before work begins in court.
He is well well-known TEDx Speaker, a Highly acclaimed Keynote and Public Speaker, a very respected Panellist on a Very reputable Media House, TV Channels National and International, a Motivational Speaker, Educator, Journalist, Writer, and Corporate Legal Advisor, Diplomat, Eminent Social Reformer, Environmentalist, Educator, Human Rights and Constitutional Rights Activist, Motivator, Change maker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian work Expert, etc.
Dr. Anthony Raju has been awarded several National and International Awards for his Excellent work for more than 15 Years in promoting and protecting Human Rights. He has been awarded with several (Honoris Causa) Degrees, Like a Doctor of Sociology, and a Doctorate of Human Rights by International Peace University, Germany, Ph.D. Social Work by Universal Academy for Global Peace, Lifetime membership and Award by International Journalism Centre, National Human Rights Activist Award by All India Newspaper Association, Ambassador of Peace Award by Blind Association, Peace Ambassador by Global Peace Initiative -USA
Dr. Anthony Raju has justified his position many times against capital punishment, he has publicly condemned this barbaric act in the name of punishment. He has written several articles on extra-judicial Killings, Violence Against Women, the Right to Education, Rights to Information Contemporary forms of slavery, the Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions, Sale of Children, Child prostitution, Independence of Judges and Lawyers.
Dr. Anthony Raju spends most of their time between Tribal, underprivileged, Villages, he widely travels in various States, majorly in the Tribal and Rural belts of India, South Africa, and internationally.
This story and article is compiled by Simran and Ashish (PR/Corporate Communication Team) of Most Rev. Amb. Dr. Anthony Raju.
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