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Is statement recorded under Section 164 CrPC public document; If yes, who can access it? Kerala High Court answers

However, the Court also held that for a stranger to inspect these documents, the final report in the case has to be filed, cognisance must be taken, and he/she must show that he/she has a genuine interest in the document.

No doubt, an accused or a victim is a person interested in the statement recorded under Section 164 of Cr. P.C and as such, they would be entitled to inspect and have copies of the same…..It can safely be concluded that no person (be it accused, victim or a third party) is entitled to a copy of the statement recorded under S.164 of the Code till the final report is filed and cognizance is taken. In the case of a third party/stranger, he must additionally show that he has a genuine interest in the document. The said interest should be direct and tangible. An interest which is illusory, or imaginary is no interest whatsoever,” the order stated.

Source: Barandbench

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