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Madras HC lays new guidelines for recording Statements under sections 164 of CrPC
Madras HC has laid down guidelines to deal with various issues, including recording test identification parades, confession/witness statement and dying declaration under CrPC section 164(Medical examination of Rape Victim).
It has also directed the state to establish Test Identification Parade centres in compliance with certain guidelines it has issued. The order was passed by a Special Division bench comprising of Chief Justice Indira Banerjee and Justice PN Prakash.
A special division bench was constituted tto look into the following issue i.e.
Are the police entitled to be furnished with copies of the following documents immediately?
- Statement of witness recorded under Section 164 CrPC;
- Confession statement of the accused recorded under Section 164 CrPC;
- Dying declaration recorded by the Magistrate; an
- Test Identification Parade report of the Magistrate.
The court answered these queries in the affirmative after going into the underlying reasons and development of the provisions under Section 164 over the years.
The court then laid guidelines for protecting witnesses of identification parades, the bench ordered the government to build exclusive rooms for the purpose with one-side view glass partition, separating those lined up for the parade, the witness and the magistrate.
The witnesses and the magistrate should not be visible to those lined up. But, the suspect and the dummies should be clearly visible to the witnesses and the magistrate. There should be proper illumination, the court directed.
