UPHJS2018-II
Pre. Exam

88. A statement under Section 164 of the Code of Criminal Procedure may be recorded by :
(a) An Executive Magistrate
(b) A Police Officer
(c) A Judicial Magistrate or a Metropolitan Magistrate
(d) All the officers named above

Answer and Notes Answer is C


Explanation: Section 164 of Code of Criminal Procedure provides for recording of confessions and Statements. It lays down that 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 the 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.

UPHJS2018-2
Pre. Exam

13. A statement under section 164 of the code of criminal procedure may be recorded by:
(A) An Executive magistrate
(B) A police officer
(C) A Judicial Magistrate or a Metropolitan Magistrate
(D) All the officers named above

Answer and Notes Answer is C



UPHJS2012
Pre. Exam

62. A Magistrate may not remand the accused to police custody for-
(A) more than 24 hours
(B) more than 7 days
(C) more than 14 days
(D) more than 15 days

Answer and Notes Answer is D



UPHJS2012
Pre. Exam

70. A non confessional statement recorded under Section 164 of Cr.RC..
(A) is a substantive piece of evidence
(B) is not a substantive piece of evidence
(C) may or may not be substantive evidence depending upon the facts and cicumstances
(D) None of the above.

Answer and Notes Answer is B



UPHJS2012
Pre. Exam

71. A joint statement of several witnesses recorded during investigation-
(A) will render these persons as incompetent witnesses
(B) will render their statement as inadmissible
(C) will neither render these persons as incompetent witnesses nor their evidence as inadmissible
(D) will render these persons as incompetent witnesses as well as their evidence as inadmissible.

Answer and Notes Answer is C


UPHJS2018-1
Pre. Exam

75. Statements of witnesses recorded under section 164 of Cr.P.C. are :
(a) substantive evidence
(b) corroborative evidence
(c) both substantive and corroborative evidence
(d) neither substantive nor corroborative evidence

Answer and Notes Answer is B

Explanation : Statements recorded under section 164 of CrPC are not a substantive piece of evidence but are corroborative evidence.

UPHJS2009
Pre. Exam

93. Statement under Section 161 of Cr.P.C. can be used to-
(A) corroborate the statement in court
(B) corroborate and contradict statement in court
(C) contradict the statement in court
(D) can not be utilized for any purpose

Answer and Notes Answer is C

HJS
Pre. Exam

Vinubhai Haribhai Malaviya vs. State of Gujarat Crl Appeal 478-479 of 2017 Magistrate power under s. 173(8) for further investigation discussed

Answer and Notes Answer is A