State of U.P. v. Singhara Singh AIR 1964 SC 358

Court observed that in Nazir Ahmed's case, 63 Inds App 372 :(AIR 1936 PC 253 (2) the Judicial Committee observed that the principle applied in Taylor v. Taylor, (1876) A Ch. D. 426 to a Court, namely, that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all and that other methods of performance are necessarily forbidden, applied to judicial officers making a record under S. 164 and, therefore, held that the magistrate could not give oral evidence of the confession made to him which he had purported to record under S. 164 of the Code. It was said that otherwise all the precautions and safeguards laid down in Ss. 164 and 364, both of which had to be read together, would become of such trifling value as to be almost idle and that "it would be an unnatural construction to hold that any other procedure was permitted than that which is laid down with such minute particularity in the sections themselves.