Criminal Law (Amendment) Act, 2013
16. Amendment of section 164.
In section 164 of the Code of Criminal Procedure, after sub-section (5), the following sub-section shall be inserted, namely:—
"(5A) (a) In cases punishable under section 354, section 354A, section 3548, section 354C, section 3540, sub-section (I) or sub-section (2) of section 376, section 376 A, section 3768, section 376C, section 3 760, section 3 76E or section 509 of the 45 of 1860. Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been Committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video graphed.
(6) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.".