Section 18 in Jammu and Kashmir Criminal Laws (Amendment) Act, 2013
18. Amendment of section 164A, Act XXIII of 1989.
- In section 164A of the Code of Criminal Procedure, after sub-section (4) the following sub-section shall be inserted, namely:-"(5) In case the person making the statement is temporarily or permanently physically or mentally disabled, the Magistrate shall take the assistance of an interpreter or a special educator or a Medical Officer in recording the statement:Provided that if the person making the statement is temporarily or permanent physically or mentally disabled, the statement made by the person, with the assistance of an interpreter or special educator or Medical Officer, may be videographed:Provided further a statement recorded under sub-section (2) of a person who is temporarily or permanently physically or mentally disabled shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Evidence Act, Samvat, 1977 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial."
