...renders the confession inadmissible in evidence. Such a defect cannot be cured under Section 463 CrPC. We have no hesitation to hold that compliance with sub-section (4) of Section 164 of the Code is...under Section 164 CrPC is an irregularity which can be cured by invoking the provisions of Section 463 CrPC reproduced above. The language used in sub-clause (4) of Section 164 and sub-...that behalf cannot be cured by examining the Magistrate under Section 463 CrPC. The Magistrate when examined touching the confession he has recorded, can only say that he has recorded the confession...

...of the Criminal Procedure Code (“CrPC” hereinafter). According to the learned counsel, non-compliance with Section 164 by the recording Magistrate cannot be cured by Section 463 CrPC as it cures only...failure of the Magistrate to record reasons to believe that her statement was voluntary is a defect curable by Section 463 CrPC and is covered by a decision of a three-Judge Bench of this Court in...violation of Section 164 CrPC, the court can admit such an evidence as the violation of that section is cured by Section 463 CrPC if it had not injured the accused in his defence on the merits...

...the confession, the same is admissible and the omission made by the competent officer is curable in view of the provision contained in Section 463 CrPC. In the same manner, the Court has held that...463 CrPC. Such approach is permissible in view of Section 463 CrPC in regard to the omission in recording confession under Section 164 CrPC, the Court has clarified that the same approach...Magistrate who are empowered to record any confession under Section 164(1) CrPC in view of sub-section (3) of Section 20 of the TADA Act.21. In exercise of the powers conferred...

...statements and efficacy of the certificates given by the competent authority, appended to the redacted statements would be a matter for trial and subject to the evidence in reference to Section 463 CrPC and...recorded under Section 161 CrPC did not constitute admissible evidence. Those could only be used to confront the witnesses who would subsequently appear at the trial. It noted that this crucial aspect...witnesses under Section 164 CrPC but had kept the same in a sealed cover enclosed to the charge-sheet. The High Court noted that the statements at Sl. Nos. 277 and 278 were of protected witnesses “Charlie...

...the court finds that such irregularities have not prejudiced the appellant in any manner. In support of this submission Mr. Debroy relied on the provisions of Sections 463, CrPC. (10) Mr. Debroy rightly submitted t...this stage will substentially prejudice the defence of the appellant. Section 463, CrPC, makes it clear that the provisions of this section can be invoked by the court only if it is satisfied that non...-compliance of the provisions of Section 164, CrPC, or Section 281, CrPC, have not injured the defence of the accused on the merits, The said Section 463, CrPC...

...compliance with the sub-section being mandatory and imperative, its non-compliance renders the confession inadmissible in evidence. Such a defect cannot be cured under Section 463 CrPC. We...Section 164 CrPC is an irregularity which can be cured by invoking the provisions of Section 463 CrPC reproduced above. The language used in sub-clause [4] of Section 164 and ...confession he has recorded. The omission in that behalf cannot be cured by examining the Magistrate under Section 463 CrPC. The Magistrate when examined touching the confession he has...

...complaint by the court, the prosecution was barred under Section 195(1)(b)(ii) CrPC. The High Court dismissed the petition holding that Section 463 cannot be construed to include Section 467 IPC as...well and, therefore, the Magistrate was competent to take cognizance on the complaint. This Court reversed the view taken by the High Court observing that as Section 463 defines the offence of forgery and Section 467 punish...Sachida Nand Singh v. State of Bihar (1998) 2 SCC 493 regarding interpretation of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 (for short “CrPC...

...provisions of Section 463 CrPC”.This contention was upheld by the High Court relying on the aforesaid two decisions, one of the Privy Council and the other of the Nagpur High...) has not been complied with. That apart, even if there was such an omission the question is whether it would have injured the accused in her defence. Section 463 of the Code permits such an approach to...be cured by examining the Magistrate under Section 463 of the Code. Section 463 of the Code is as under:“463. Non-compliance with provisions of Section 164 or ...

...and they are directory in nature and there is no element of mandamus therein. 4. At this stage, I would like to quote one provisions which is relevant for the purpose i.e. section 463 of CrPC which...Judge, Ahmedabad (Rural) vide order dated 16.07.2005. It is submitted that as per the scheme of section 281 of CrPC, statement of the accused recorded by the ld. Trial Judge ought to have been verified...hearing of the criminal appeal that there is no such formal certificate below the statements of the accused persons recorded under section 313 of CrPC and the signature of the Presiding Judge is also...

...the defect could not be cured by invoking the provisions of Section 463 CrPC". This contention was upheld by the High Court relying on the aforesaid two decisions, one of the...relevant sections in CrPC are Sections 164, 281 and 463. 19. Sub-section (2) of Section 164 CrPC requires that the Magistrate before...provision contained in Section 463 CrPC. In the same manner, the Court has held that even if there was any omission in respect of the certificate which...

...), CrPC refers to Sections 193 to 196, 199, 200, 205-211 and 228 of the Indian Penal Code (IPC). On the other hand, sub-clause (ii) speaks about offences described in Section 463 or punishable under...hence are not dealt with. 5 13. Moving on, Section 195(1)(b)(ii) of the CrPC refers to Sections 463...mentioned under sub-clause (ii) of Section 195(1)(b), CrPC, in particular, Section 463, IPC which defines forgery and colours Section 471 of the IPC. Hence, we are to look into the ingredients of Sections ...

...), CrPC refers to Sections 193 to 196, 199, 200, 205-211 and 228 of the Indian Penal Code (IPC). On the other hand, sub-clause (ii) speaks about offences described in Section 463 or punishable under...hence are not dealt with. 5 13. Moving on, Section 195(1)(b)(ii) of the CrPC refers to Sections 463...mentioned under sub-clause (ii) of Section 195(1)(b), CrPC, in particular, Section 463, IPC which defines forgery and colours Section 471 of the IPC. Hence, we are to look into the ingredients of Sections ...

...CrPC initiation of proceedings against an accused-person for the offence of forgery described in section 463 or punishable under section 471 can be done only on the basis of complaint in righting by...that the petitioner has committed the offence of forgery as described in section 463 IPC by preparing the false document before the Sub Divisional Officer, Bhadra. However, as per sub-section 1(b)(ii) of ...Vijay Bishnoi, J.:— This Criminal Misc. Petition under section 482 CrPC has been filed by the petitioners with a prayer for quashing of the FIR No. 100/2015 lodged at Police Station...

...PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Anil Upman for the petitioner(s) Mr.RS Shekhawat PP for the State This bail application has been filed under Section 439 CrPC. Brief...directed that accused petitioner(s) Sarvar Khan @ Sheru shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she/they furnish(es) a personal...facts of the case are that an FIR No.463/2015 was lodged at Police Station Amer, Jaipur for the offences mentioned therein, whereupon the investigation was commenced. During the...

...statements and efficacy of the certificates given by the competent authority, appended to the redacted statements would be a matter for trial and subject to the evidence in reference to Section 463 CrPC and...29.05.2019 under Section 173 of the Criminal Procedure Code, 1973 (“CrPC”). 5. The facts, as seen from the charge-sheet filed by the NIA, are as follows...investigation, a witness statement under Section 164 of CrPC, was recorded of one Makbul alias Harsh alias Atul alias Sudarshan Satyadeo Ramteke, resident of Nagpur, a naxalite who had surrendered before a...

...the statements and efficacy of the certificates given by the competent authority, appended to the redacted statements would be a matter for trial and subject to the evidence in reference to Section 463 CrPC and.... 4. Sessions Case No.99 of 2019 was registered upon filing final report dated 29.05.2019 under Section 173 of the Code of Criminal Procedure, 1973 ("CrPC"). The...statement under Section 164 of CrPC, was recorded of one Makbul alias Harsh alias Atul alias Sudarshan Satyadeo Ramteke, resident of Nagpur, a naxalite who had surrendered before a Judicial Magistrate First...

...document, he has also filed an application for initiating criminal prosecution as against the plaintiffs as per Section 195(i)(B)(2) CRPC for the offence under Section 463 and...agreement dated 25.01.2003. The first respondent / defendant has filed an interlocutory application under Section 151 CrPC to reject the written statement already filed in his name and to permit him...for a preliminary enquiry as per Section 340 CrPC. By taking into consideration of the same, the trial Court allowed the application filed by 4/6...

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...of the Sessions Judge, North Goa, under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (“CrPC”) in respect of offences alleged under Sections 191 and 192 of the Indian...IPC.5. The Respondents, however, filed revision applications against the said orders, in which it was stated that the bar contained in Section 195(1)(b)(i) of the CrPC..., and the procedure under Section 340 CrPC being mandatory, could not be circumvented, and the complaints read as a whole would clearly show that offences under Sections 191 to 193 of the IPC alone were...