An “Application for Granting Permission under Section 164 of the Criminal Procedure Code (CRPC)” is a legal application submitted to the court seeking authorization to record a statement or confession of a person before a Magistrate. Section 164 CRPC empowers a Magistrate to record statements, confessions, or information volunteered by an individual during the investigation. However, in certain cases, a person may express a willingness to provide a statement or confession voluntarily before the Magistrate without being influenced or coerced by the investigating officer.
This application typically involves a request made by the investigating officer or an individual involved in the case, asking the court to grant permission for the recording of a statement or confession under the supervision of the Magistrate. It is essential to clarify that the Magistrate will ensure that the individual’s statement or confession is made voluntarily and without any undue influence or coercion. The application must present substantial grounds justifying the necessity and significance of recording the statement or confession before the Magistrate instead of the police officer.
The purpose behind recording statements or confessions before a Magistrate under Section 164 CRPC is to ensure the authenticity and voluntariness of the information provided, thereby safeguarding the individual’s rights and preventing potential coercion or misuse during the investigation process.