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Report No. 48

41. Admissibility of statements recorded by Magistrates.-

Statements recorded by a Magistrate during investigation under the existing section 164, are not substantive evidence, obviously because the accused is not present; and has no right to cross-examination. We are of the view that section 164 should provide that where the accused is present, he should have the right to cross-examination. With such a provision, statements recorded under the section should be admissible at the trial subject to all just exceptions. In drafting the provision to be inserted, assistance could be taken from the present provision as to statements before the committing Magistrates1.

1. Section 288, Cr. P.C.



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