Section 164 of the Criminal Procedure Code reads as follows: 164. - TopicsExpress

Section 164 of the Criminal Procedure Code reads as follows: 164. Recording of confessions and statements. (1) 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 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. (5) 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. (6) 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. _________________________________________________________________ If any Magistrate is authorized to record a statement (OTHER THAN CONFESSION) provided by S. 164(5) as above, why the Addl. Chief Judicial Magistrate, when Saritha S. Nair wanted to give a statement confidentially, did not record her statement then and there, and why did the Magistrate instead ask her to submit it in writing in her own hand thru her lawyer? Because, this order of the Magistrate allowing time alone caused confusion and also did allow the police (read government) to buy ample time to further exert pressure on Saritha Nair not to divulge the names cropped up during the rumour-mongering happened from the wishy-washy talks her lawyer Feni Balakrishnan (who is being doubted as a wheeler-dealer) indulged in with the media. Is something happening during the interval? Otherwise, how did suddenly another accused who is allegedly the King Pin in this fraud case got catapulted up?

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