• About CrPC 164 statement

We are major and govt emply. we have made intercaste marrige with Mr XXX. i have marrige ragistration acording to Hindu marrige act1973 in court of ragistar at local tahsil. i walk away from my paternal house and living with my husband Mr XXX My uncle make F I R  in IPC 366.i apeel in HC against FIR IPC 366 ,HC granted me that no cercive action taken against peteetioners. My uncle file  Habeus carpus that Mr XXX detained my daughter. on date we present at court and claim that i have married with mr XXX on willing. HC quit habeus carpus. 
Now poolice press to my faimly to staement for 164.
what can i do.
Asked 2 years ago in Criminal Law from KANNAUJ, Uttar Pradesh
Religion: Hindu
You are adult and can marry any person of your choice.
All the cases filed so far has been rightly dismissed.So you need not worry.In the criminal case you cubit your age proof . The said case will also go.
The case is initiated by your family members . So it is upto them to face the harassment out of this frivolous case.Let them suffer.You need not worry.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

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There is no act as Hindu Marriage Act, 1973. 164 statement is not an incriminating statement. You can in your statement state that you have married with your free consent. If police harasses you then move a writ petition before the High Court for an appropriate relief. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

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In the circumstances,  you write to Police to provide you protection from your parents informing that you have voluntarily, without any coercion  or pressure have married with your husband and you fear for your life. Send a copy to higher authorities. The statement under section 164 is not relevant in the case and therefore you don't have to worry about that. In case you really feel that there is an aggressive attitude of your parents or relatives and Police is not taking any action despite your information, file a writ petition in HC seeking direction to Police for necessary action. Be careful in visiting your parents even when they invitation is polite and compromising. 
H. S. Thukral
Advocate, New Delhi
569 Answers
170 Consultations

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The 164 statement can be recorded before a magistrate either in the open court or in camera.
the provision is reproduced below:
Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:

Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorize the detention of such person in police custody.
Therefore they can depose before magistrate that the police is pressurising to give such statement.
T Kalaiselvan
Advocate, Vellore
36778 Answers
403 Consultations

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