The Madras HC recently issued certain guidelines for recording and production of statements under Section 164 of the CrPC, while hearing a bail plea of a hearing and speech-impaired person accused of sexually exploiting at least 4 people of the same nature.
The bench comprising Chief Justice Indira Banerjee and Justice P.N. Prakash instructed for special rooms to be constructed to conduct Test Identification Parades in all prisons within six months. Tamil Nadu State Judicial Academy and the Tamil Nadu State Police Academy have been asked to take effective steps to sensitize judicial and police officers.
The court issued the following directions with respect to the statement, confession or dying declaration of both the victim and witness:
A statement can be recorded only at the instance of the Investigating Officer (IO) of the case and it is not necessary for the IO to approach the CMM or CJM with an application to record the statement.
If the statement has been recorded by the Judge or Magistrate, he has to keep the original statement in his records.
The IO has to file an application with the CJM nominating a Magistrate other than a Jurisdictional Magistrate to record the confession of the accused and the same has to be sent in a sealed copy to the Jurisdictional Magistrate through registered post or a special messenger.
One certified copy is to be furnished immediately to the IO without any delay with specific direction to him to use it for the purpose of investigation.
The same procedure has to be followed for dying declaration as well confession.
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