Cecily Zamora
Section 164 in Indian law refers to different things depending on the context. For example, in the Indian Evidence Act of 1872, Section 164 outlines the consequences of a party's refusal to produce a document after being given notice to do so. On the other hand, Section 164 in The Code of Criminal Procedure of 1973 details the process of recording confessions or statements made during an investigation. It also grants magistrates the power to administer oaths. Interestingly, Section 164 of the Indian Penal Code was removed by the Prevention of Corruption Act in 1988. In the Constitution of India, Article 164 pertains to the disqualification of certain members of the Legislative Assembly from being appointed as ministers.
Section 164 in Indian Law
| Characteristics | Values |
|---|---|
| Indian Evidence Act, 1872 | When a party refuses to produce a document, they cannot use it as evidence without consent or a court order |
| Code of Criminal Procedure, 1973 | Magistrate can record confessions or statements made during an investigation or before a trial; these can be recorded by audio-video electronic means in the presence of the accused's advocate |
| Indian Penal Code | Section 164 was removed by the Prevention of Corruption Act, 1988; it concerned the offence of "Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself" |
| Constitution of India | Deals with disqualification of a member of the Legislative Assembly of a State or either House of the Legislature of a State for a specified duration |
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What You'll Learn
Section 164 of the Indian Evidence Act, 1872
This section of the Act aims to prevent the unfair use of evidence and maintain a balanced legal process. It ensures that parties involved in a legal dispute cannot selectively withhold or present documents to manipulate the outcome. By requiring consent or a court order for the subsequent use of withheld documents, Section 164 promotes transparency and fairness in the presentation of evidence.
An illustration provided within Section 164 helps clarify its application: "A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document, and B refuses to produce it. A gives secondary evidence of its contents. B then seeks to produce the document itself to contradict the secondary evidence given by A or to show that the agreement is not stamped." In this scenario, Party B's refusal to produce the document upon request means they cannot use it later without A's consent or a court order.
This provision ensures that parties involved in legal proceedings cannot strategically withhold documents to gain an advantage. If a party chooses not to produce a document when requested, they cannot change their mind and use the same document later in the proceedings without meeting specific conditions. This rule encourages cooperation and the timely presentation of evidence, preventing unnecessary delays and strategic behaviour that could hinder the judicial process.
In summary, Section 164 of the Indian Evidence Act, 1872, is a crucial provision that maintains fairness and transparency in legal proceedings by regulating the use of documents as evidence. It prevents parties from refusing to produce documents and then selectively using them at a later stage to manipulate the outcome of a case. By requiring consent or a court order for the subsequent use of withheld documents, this section ensures the integrity of the evidentiary process and promotes a just and efficient judicial system.
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Section 164 in The Code of Criminal Procedure, 1973
According to this section, any Metropolitan or Judicial Magistrate is authorised to record confessions or statements made to them during an investigation or before the start of a trial, regardless of whether they have jurisdiction over the case. This includes the power to record such statements using audio-video electronic means in the presence of the accused person's advocate. However, it is important to note that police officers, even those with conferred Magistrate powers, are prohibited from recording confessions.
Sub-sections (5) and (5A) of Section 164 specify the manner in which statements, excluding confessions, should be recorded. The Magistrate has the discretion to choose the recording method that best suits the circumstances of the case and can administer an oath to the person making the statement. In certain cases punishable under various sections of the Indian Penal Code, such as sections 354, 354A, 354B, and others, the Judicial Magistrate must record the statement of the victim as soon as the offence is reported to the police. If the person making the statement has a mental or physical disability, the Magistrate should seek the assistance of an interpreter or special educator to record their statement.
Additionally, Section 164(4) dictates that confessions must be recorded following the procedures outlined in Section 281 for the examination of an accused person. The person making the confession must sign the record, and the Magistrate must attach a memorandum stating that the confession was voluntary, taken in their presence, read over to the accused, and admitted as correct. This memorandum also includes a statement that the accused was informed that their confession could be used as evidence against them.
Lastly, Section 164(6) addresses the forwarding of recorded confessions or statements. The Magistrate who records the confession or statement is responsible for forwarding it to the Magistrate who will inquire into or try the case.
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IPC Section 164, removed by the Prevention of Corruption Act, 1988
Section 164 of the Indian Penal Code (IPC) was repealed by the Prevention of Corruption Act, 1988 (Section 31 of the Act, to be precise). This section addressed the punishment for abetment by public servants of the offences described in IPC Sections 162 and 163. IPC Sections 162 and 163 criminalised corrupt practices such as bribery and attempting to exert influence over public servants.
The purpose of IPC Sections 162, 163, and 164 was to provide a legal framework for penalising corrupt practices and preventing abuse of power by public servants. IPC Section 164 specifically made public servants liable if they abetted acts of corruption or allowed others to exert illegal influence over them. The punishment for such offences was imprisonment for up to three years, a fine, or both.
The Prevention of Corruption Act, 1988, aimed to broaden the definition of "public servant" under IPC Sections 161 to 165A. It also sought to enhance the penalties for these offences. As a result, it was deemed unnecessary to retain IPC Sections 161 to 165A, including Section 164.
It is worth noting that Section 31 of the Prevention of Corruption Act, which repealed IPC Section 164, was itself repealed by Act 30 of 2001, Section 2 and Schedule I.
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Article 164 in Constitution of India
Article 164 of the Indian Constitution deals with state legislatures and elections to the Parliament. It lays down provisions for the Chief Ministers and the Council of Ministers of each state. The Chief Minister is the de facto executive of the state and is appointed by the Governor of the State. The Governor cannot appoint a random person as Chief Minister.
Article 164 also mentions the responsibilities and powers of the government's executive branch. It states that the Council of Ministers in a state is appointed by the Governor on the advice of the Chief Minister. The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State. This limit is set at 12 ministers in the states of Jharkhand, Chhattisgarh, Madhya Pradesh, and Orissa.
The article also provides ministers with the right to participate in parliamentary proceedings without voting rights. It further states that the Governor has discretionary powers in certain cases, such as recommending President's Rule under Article 356 and reserving bills for the President's consideration. In Sixth Schedule areas, the Governor has special powers, including modifying laws and overseeing Autonomous District Councils.
In the case of Har Sharan Verma vs Tribhuvan Narain Singh (1971), the Constitutional Division of the Supreme Court considered whether a person who is not a member of the state legislature could be appointed as Chief Minister. The appointment of Tribhuvan Narain Singh as Chief Minister of Uttar Pradesh was questioned as he was not a member of either house of the Legislature at the time of his appointment. The court ruled that if a non-legislator is appointed as Chief Minister under Article 164, they must fulfil the qualification of membership of a legislator as mentioned under Article 173 of the Indian Constitution.
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Section 164 and consent to use documents as evidence
Section 164 of the Code of Criminal Procedure, 1973, outlines the process for recording confessions and statements made during an investigation or before the commencement of a trial. This section grants authority to any Metropolitan or Judicial Magistrate to record confessions or statements, regardless of whether they have jurisdiction over the case. The recording can be made in the presence of the advocate of the person accused of an offence and can be done using audio-video electronic means.
The process ensures that the rights of the accused are protected and provides a formal record of their confession or statement. It is important to note that a police officer, even if granted the powers of a Magistrate, cannot record a confession under this section. The recorded statement or confession is then forwarded to the Magistrate overseeing the case for further inquiry or trial.
In the case of individuals with mental or physical disabilities, their recorded statement is considered in lieu of examination-in-chief as per Section 137 of the Indian Evidence Act, 1872. This allows for the cross-examination of the maker of the statement without the need for an additional recording at the time of the trial.
Section 164 also addresses the manner in which statements, excluding confessions, are recorded. The Magistrate has the discretion to choose the recording method that best fits the circumstances of the case and can administer an oath to the person making the statement. In certain offences under the Indian Penal Code, such as those under Section 354 (assault or criminal force to a woman with intent to outrage her modesty) and Section 509 (word, gesture or act intended to insult the modesty of a woman), the statement of the person against whom the offence has been committed must be recorded promptly.
Overall, Section 164 of Indian law provides a framework for the proper recording and treatment of confessions and statements made during criminal investigations, ensuring the protection of the rights of individuals and the integrity of the evidence gathered.
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Frequently asked questions
Section 164 of the Indian Penal Code was removed by the Prevention of Corruption Act, 1988.
It was related to the "Abetment by [a] public servant of the offences defined in the last two preceding clauses with reference to himself".
Article 164 of the Constitution of India outlines the disqualification of a member of the Legislative Assembly of a State from being appointed as a Minister under certain conditions, as well as the collective responsibility of the Council of Ministers to the Legislative Assembly of the State.
It pertains to the recording of confessions or statements made during an investigation or before the commencement of a trial.
It addresses the situation where a party refuses to produce a document they have been given notice to produce and outlines the consequences of doing so.
