AIR 1970 SUPREME COURT 1619 ::1970 MadLJ(Cri) 593 ::1970 BLJR 417 ::1970 MPLJ 616 ::1969 2 SCR 289 ::1970 2 SCJ 293

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): J. C. Shah, V. Ramaswami, G. K. Mitter, K. S. Hegde, A. N. Grover , JJJ

(A) Criminal P.C. (5 of 1898) , S.164— Power to record statements and confessions - Magistrate conducting identification proceedings - Duty of. @page-SC1620 A Magistrate when called upon to conduct identification proceedings should confine his attention only to the steps to be taken to ensure that the witnesses were able to identify certain persons alleged to have been concerned in the commission of the crime. If the Magistrate transgresses this limit and records other statements which may have a bearing in establishing the guilt of the accused this must be done strictly in accordance with the provisions of Section 164. Where a Magistrate having only third class powers recorded statements of identifying witnesses in support of the identification of the accused and also recorded what the witness had said after identifying particular accused this statement would be inadmissible as being in contravention of Section 164 but this would not apply to the record by him to the effect that the witnesses correctly identified the accused. AIR 1961 SC 1527 Rel. on.(Para 13 14) (B) Evidence Act (1 of 1872) , S.9— Identification parades - Reasons for and scope of - Stated. AIR 1955 SC 104 Rel. on. (Par....