Introduction

Statement in its dictionary meaning is the act of stating or reciting. The term statement is not
defined anywhere in the Act. However, it has got whole connotations. Generally, statements
are recorded in criminal procedure code in section 161 and 162. under section 164 of CR.P.C
the confession statements of accused will be recorded.
Section 161 Code of Criminal Procedure, 1973 (for short ‘CR.P.C.’) titled “Examination of
witnesses by police” provides for oral examination of a person by any investigating officer
when such person is supposed to be acquainted with the facts and circumstances of the case.
The purpose for and the manner in which the police statement recorded under Section 161
Cr.P.C can be used at any trial are indicated in Section 162 CR.P.C.
As per section 164(1) of CR.P.C, Judicial Magistrate or Metropolitan Magistrate whether or
not having jurisdiction in the case can record any statement or confession made to him in the
course of investigation. Section 164(5) of code empowers judicial magistrate to record
statement (other than confession statement) which is in the opinion of Magistrate a best titled
to the circumstances of the case.
Rape is the fourth most common crime against women in India. According to the National
Crime Records Bureau 2013 annual report, 24,923 rape cases were reported across India in
2012. Out of these, 24,470 were committed by someone known to the victim (98% of the cases)
(Wikipedia, 2017). At least 34,651 cases of rape were reported across India last year statistics
released by the country’s National Crime Records Bureau (NCRB) have revealed. The paper
makes a core claim with regard to the power of the Magistrate to record the statement of the
prosecutrix. Moreover, the Magistrate is duty bound after the Criminal Amendment Act of
2013, to record the statement even when the prosecutrix approaches the Magistrate without
being recommended or moved by the Investigation Officer (herein referred IO). The Magistrate
is not to exercise his discretion, as granted to him under the general provision of Section 164(5)
but is under a statutory obligation to record her statement.

Scope of study
My scope of study was limited to the recording of statements under 164(5A) of CR.P.C. which
is recording of statements of rape victims.
Research questions
1. Can the prosecutrix approach the magistrate for recording of her statement?
2. Why is the magistrate made duty bound?
Nature of study
The nature of study is analytical, critical and descriptive.
Literature review
Primary source: Code of Criminal Procedure Bare Act 1973
R&D the code of criminal procedure