New Delhi, September 16, 2023- In a significant development in the ongoing Manipur violence case, the Supreme Court of India has issued important clarifications on how to record statements of victims and witnesses. In response to a letter received from the Manipur High Court seeking much-needed clarification on the matter, a bench comprising Chief Justice of India D Chandrachud, Justice J.B Pardiwala and Justice Manoj Misra.
After a careful review, the Supreme Court provided the following important explanations:
- Recording of Statements: Statements under Section 164 of the Code of Criminal Procedure (CrPC) shall be recorded by a District Magistrate appointed by the Chief Justice of the Manipur High Court.
- Jurisdiction outside the State of Manipur: If the victim or witness is located outside the State of Manipur, the statement should be recorded by a Magistrate having jurisdiction in the area where the victim or witness is located.
- Submission of statement: After filing the statement, it should be sent to the Additional Magistrate of Assam.
- Examination Recognition Parade: The examination recognition parade is conducted by the District Magistrate of Manipur.
These clarifications are particularly relevant to the case currently being handled by the Manipur Special Investigation Team (SIT). Notably, these guidelines do not apply to sexual violence cases transferred to the Central Bureau of Investigation (CBI).
The Supreme Court also upheld an earlier direction to the Chief Justice of the Guwahati High Court to appoint a court in Guwahati to hear the pre-trial phase of CBI cases. This effectively allows the investigating agency to remand the case to a designated court in Guwahati, Assam to entertain applications for extension of custody, sentencing and related matters. In addition, the court confirmed that victims and witnesses have the freedom to present evidence.
Written by- Abdullah khan, College name – USLLS,, 3rd semester as an intern under Legal Vidhiya
