CrPC S 164

2020 SCeJ 1846

SUPREME COURT | 08.10.2020

(All. High Court judgment set aside)

 

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Criminal Procedure Code, 1973,  Section 164 – Copy of statement  - No person is entitled to a copy of statement recorded under Section 164 of the Code till the appropriate orders are passed by the court after the charge-sheet is filed - The right to receive a copy of such statement will arise only after cognizance is taken and at the stage contemplated by Sections 207 and 208 of the Code and not before - Lay down that under no circumstances copies of statements recorded under Section 164 of the Code can be furnished till appropriate orders are passed by the Court after taking cognizance in the matter. #2020 SCeJ 1846

Held, filing of the charge-sheet by itself, does not entitle an accused to copies of any of the relevant documents including statement under Section 164 of the Code, unless the stages indicated are undertaken - Copy of the statement of the victim recorded under Section 164 of the Code should not be disclosed to any person till charge-sheet/report under Section 173 of the Code is filed - The Scheme of the relevant provisions of the Code shows that after the conclusion of the investigation, an appropriate report under Section 173 of the Code is to be filed by the police giving information as required by Section 173 -  In terms of Section 190 of the Code, the concerned Magistrate may take cognizance of any offence inter alia upon a police report - At the stage of exercise of power under Section 190 of the Code, the Magistrate may deem fit that the matter requires further investigation on certain aspects/issues and may pass appropriate direction - It is only after taking of the cognizance and issuance of process that the accused is entitled, in terms of Sections 207 and 208 of the Code, to copies of the documents referred to in said provisions - The filing of the charge-sheet by itself, does not entitle an accused to copies of any of the relevant documents including statement under Section 164 of the Code, unless the stages indicated above are undertaken. 

 

Sexual Exploitation  - Confidentiality  - Where the offences alleged against accused are of sexual exploitation -  In such matters utmost confidentiality is required to be maintained. #2020 SCeJ 1846

 

 

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