Difference Between Section 164 and Section 364 CrPC (Pakistan)
| Section 164 CrPC | Section 364 CrPC | |
| Applies to recording of statements/confessions | Applies to recording of evidence of a witness in court | |
| Used to record a confession or statement by an accused or witness during investigation | Used to record formal testimony of a witness during trial proceedings | |
| Magistrate (Judicial or Executive) | Court (during trial) | |
| At investigation stage, before trial begins | During the trial stage | |
| Special care taken to ensure the confession is voluntary (especially in confessions under 164(2)) | Focus is on accuracy and proper court procedure in recording evidence | |
| A confession under 164 is admissible if made voluntarily; a statement under this section can also be used for corroboration or contradiction | Evidence recorded under 364 is part of the formal trial record and used directly to decide the case | |
| Magistrate must warn the accused that they are not bound to confess and that it may be used against them | Conducted in open court with the right to cross-examination |
