Friday 14 June 2013

Whether JMFC can record statement of witness u/s 164 of crpc of case under MCOCA Act?

There is no special provision under MCOCA for recording of statement of a witness by Court/ Judge. No doubt there is provision for giving protection to witness and pass such orders for his protection, but not similar to S. 164 Cr. P. C. Hence, provisions of Cr. P. C. are available to MCOCA judge. JMFC has jurisdiction to record such statement as it is not prohibited or no contrary provision is made in MCOCA. This Act specifically bars only those provisions which are contrary to the special provisions of the said Act. 
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