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Recording of Statement: The statement of a victim under Section 164 of Cr.P.C. can be recorded more than once, especially if the initial recording was incomplete or inaccurate, or if there are procedural issues such as rejection of videography or allegations of non-compliance by magistrates. Multiple recordings are permissible to ensure accuracy and fairness in investigation ["2023 Supreme(Online)(Mad) 98044"], ["2023 0 Supreme(All) 1282"], ["2023 0 Supreme(All) 889"].
Importance in Evidence: While Section 164 statements are not considered substantive evidence, they are admissible under Section 80 of the Indian Evidence Act and can be re-examined or re-recorded as needed. They serve as a tool for clarifying witness/testimony consistency and are crucial during investigation and trial ["2021 Supreme(Online)(MAD) 36953"], ["
P.CHINNASAMY vs THE STATE BY - Madras
"], ["2025 Supreme(Online)(Sikk) 58"].Procedural Issues and Challenges: Courts have dealt with issues such as the victim’s denial of improvised statements, allegations of improper recording, or procedural rejection of videographed statements. Re-recording may be ordered if the initial process is flawed or if the victim requests it, provided legal conditions are met ["2023 0 Supreme(All) 1282"], ["2025 Supreme(Online)(Sikk) 58"].
Legal Limitations and Court Discretion: The statement under Section 164 is not evidence per se but is admissible for reference. Courts exercise discretion regarding re-recording and consider whether procedural violations occurred. The statement’s content can influence the course of investigation but does not directly establish guilt or innocence ["2022 Supreme(Online)(Ker) 81196"], ["2022 0 Supreme(Chh) 474"].
Impact of Multiple Statements: Variations or improvements in statements recorded at different times can be scrutinized for consistency. Discrepancies do not automatically discredit the victim but are considered during trial to assess credibility ["2023 0 Supreme(All) 889"].
The second or multiple recordings of a victim’s statement under Section 164 Cr.P.C. are permissible and often necessary to ensure procedural fairness and accuracy. These statements are not substantive evidence but are vital for investigation, especially when procedural issues arise or when the victim requests re-recording, including videographed proceedings. Courts balance the need for truthful testimony with procedural safeguards, exercising discretion judiciously. Overall, multiple recordings serve as an investigative aid rather than direct evidence and are subject to judicial scrutiny based on context and procedural compliance.
References:- ["DINESH KUMAR vs STATE OF RAJASTHAN - Rajasthan"]- ["2023 Supreme(Online)(Mad) 98044"]- ["2021 Supreme(Online)(MAD) 36953"]- ["
P.CHINNASAMY vs THE STATE BY - Madras
"]- ["2023 0 Supreme(All) 1282"]- ["2025 Supreme(Online)(Sikk) 58"]- ["2023 0 Supreme(All) 889"]- ["2022 Supreme(Online)(Ker) 81196"]- ["2022 0 Supreme(Chh) 474"]
In criminal investigations, statements recorded under
Whether you're a legal practitioner, law student, or someone navigating a case, grasping these rules can make a significant difference. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
Section 164 CrPC empowers a Metropolitan Magistrate or Judicial Magistrate (First Class) to record statements and confessions during police investigations. These include:- Statements by witnesses.- Confessions by accused persons.
The process ensures statements are voluntary, typically recorded in the magistrate's presence to prevent coercion. Such statements gain evidentiary value under Section 80 of the Indian Evidence Act, 1872, as they are presumed genuine unless proven otherwise. However, they are not substantive evidence but can corroborate trial testimony or contradict earlier statements under Section 162 CrPC. 2019 0 Supreme(SC) 720
Yes, a second statement can generally be recorded, but it's not routine. Courts permit it under specific circumstances:
Judicial scrutiny focuses on context. If the second statement clarifies or adds relevant details without unjustifiable contradictions, it may hold weight. However, stark inconsistencies raise red flags, often requiring corroboration by independent evidence. 2023 0 Supreme(All) 2667
For instance, in cases where witnesses retract or alter their accounts, courts evaluate the integrity of the process. The witness further totally denied the statement recorded under Section 164 CrPC. 2023 0 Supreme(All) 2667 This highlights how contradictions can challenge admissibility, especially if prior inconsistencies exist.
Courts emphasize maintaining procedural sanctity:- No Routine Repetition: Second statements aren't for fishing expeditions; they must add substantive value.- Consistency Check: Unexplained contradictions between first and second statements weaken credibility.- Corroboration Essential: Ideally, support with other evidence like medical reports or ocular testimony.
In practice, delays or changes in statements invite scrutiny. For example, Statement under Section 164 Cr.P.C. was recorded after ten days on 18.02.2020. 2021 0 Supreme(Pat) 855 Such timing can be justified if linked to new facts, but courts probe for manipulation.
While direct precedents on 'second statements' are sparse, related rulings illuminate the principles:
Inconsistencies and Re-examination: In a kidnapping and rape case, the court quashed a trial court's order for re-examining a victim under Section 311 CrPC due to prior contradictions. The victim's testimony during trial contradicted her earlier statements; thus, the necessity to summon her again was unjustified. 2023 0 Supreme(All) 2667 This underscores judicious use of powers when statements vary.
Denial of Earlier Statement: A witness admitted driving for an accused but narrated a story differing from their Section 164 statement. This witness then narrates an entirely different story, i.e. different to what stated by her in her statement under Section 164 CrPC. 2019 0 Supreme(UK) 97 Courts demand explanation for such shifts.
Reliability in POCSO Cases: In a child sexual assault conviction, the victim's Section 164 statement (Ex.P.18) was key, corroborated by medical evidence. No need for a second was evident as the first was credible. 2022 0 Supreme(Mad) 1415
Consensual Relationships: A Section 164 statement was part of an FIR in a rape allegation stemming from a broken promise to marry. Courts assessed voluntariness: The statement of the second respondent was recorded under
No Coercion Claims: No complaint to any authority was ever made that this statement was forcibly extracted. Secondly, his Section 164 CrPC statement is on record. 2019 0 Supreme(SC) 720 This bolstered reliability without needing a second recording.
Prosecutrix Statements: Contradictions between complaints and Section 164 statements were noted: So far as the written complaint filed on behalf of the parents written complaint and statement, as referred above, an affidavit contrary to the statment.
DINESH KUMAR vs STATE OF RAJASTHAN
These cases, including scrutiny in murder and conspiracy proceedings 1984 0 Supreme(SC) 181, show courts weigh voluntariness, timing, and consistency rigorously.
Common hurdles include:- Retraction or Denial: Witnesses denying earlier statements, as seen in multiple judgments.- Evidentiary Limits: Section 164 statements can't be sole basis for conviction; need trial corroboration.- Abuse of Process: Repeated recordings without justification may be viewed as harassment.
In sexual offense cases, like POCSO or rape, sole victim testimony suffices if trustworthy, but inconsistencies trigger deeper probe. 2022 0 Supreme(Mad) 1415
When dealing with a potential second statement:- Document Reasons Thoroughly: Link to new facts or clarifications.- Ensure Voluntariness: Magistrate must question independently.- Prepare for Challenges: Anticipate arguments on coercion or inconsistency.- Seek Corroboration: Bolster with forensics, other witnesses.- Strategic Timing: Avoid undue delays that suggest tutoring.
In high-stakes cases like those under POCSO or IPC 376, precision is crucial. 2021 0 Supreme(Pat) 855
A second statement under Section 164 CrPC can strengthen investigations if recorded judiciously, voluntarily, and with clear justification. However, courts demand unwavering integrity—contradictions without explanation often undermine it. By understanding these rules and precedents, practitioners can better navigate admissibility battles.
Key Takeaways:- Permissible for new info or clarifications, but rare.- Voluntariness and consistency are non-negotiable.- Corroborate to enhance credibility.- Learn from cases like inconsistent victim testimonies 2023 0 Supreme(All) 2667 2019 0 Supreme(UK) 97.
Stay informed on evolving jurisprudence. For tailored advice, consult a criminal law expert. This overview draws from established principles to demystify Section 164 CrPC.
#Section164CrPC, #CriminalLawIndia, #LegalInsights
164 Cr.P.C. ... of prosecutrix recorded under So far as the written complaint filed on behalf of the parents written complaint and statement, as referred above, an affidavit contrary to the statment
Side) submitted that statment u/s., 164 of Cr.P.C is not yet recorded and the investigation is at intial stage. Hence, he opposed for grant of anticipatory bail to the petitioner. ... Considering the fact that there are eleven students have filed complaints against the petitioner and the statement under Section 164 of Cr.P.C is not yet recorded and the inv....
Therefore, on a reading of evidence of P.W.1 and also statment recorded under Section 164 Cr.P.C, she has clearly narrated the incident and the evidence of P.W.2 is natural. ... The victim girl was produced before the Magistrate, for recording the statement under Section 164 Cr.P.C., which has been marked as Ex.P12. ... A reading of the evidence of P.W.2, the victim gir....
Therefore, on a reading of evidence of P.W.1 and also statment recorded under Section 164 Cr.P.C, she has clearly narrated the incident and the evidence of P.W.2 is natural. ... Therefore, subsequently, the victim also produced before the Judicial Magistrate to record the statement under section 164 Cr.P.C. ... The victim girl was produced ....
Issues: The main issue was the rejection of the victim's application for recording her restatement under section 164 of Cr.P.C ... 164 of Cr.P.C. before videography in a case involving allegations of molestation, disrobing, and exploitation. ... Case: The petitioner filed a petition to set aside the rejection of her application for recording her restatement under section ... During the course of investigation, the statem....
recorded under Section 164 Cr.P.C. ... In her cross-examination she denied having improvised her statement at the time when her Section 164 Cr.P.C. statement was recorded. ... of cross-examining the witnesses whose statements were recorded under Section 164 Cr.P.C. ... Secondly, it is to tide over immunity from Prose....
164, 439, 309 – Matrimonial dispute – Causing hurt by means of poison – Punishment for voluntarily causing hurt – Punishment for ... India, 1950 – Article 21 – Indian Penal Code, 1860 – Sections 366, 376, 354-A, 328, 323, 504, 506 – Criminal Procedure Code, 1973 – Section ... It is further argued that the prosecutrix was interrogated under Section 161 Cr.P.C. and also her statement was recorded under Section#HL_E....
under Section 164 CrPC. ... She had given the statement under Section 164 CrPC after being directed by some one else. The witness further totally denied the statement recorded under Section 164 CrPC. ... The statement under Section 164 CrPC has not been exhibited but it does not ....
The learned counsel also pointed out that even in the statement given under Section 164 of the Cr.P.C, the victim had not made any allegations against the petitioner. It was also submitted that continuance of the proceedings in the trial court is an abuse of the process of the Court. ... The learned Public Prosecutor also submitted that, in the statement given by the victim on 27-03-2013 which was after the statement given under ....
, which is absolutely perverse and bad in law as statement of victim under Section 164 of CrPC, though it was recorded before Magistrate ... 3) - Protection of Children from Sexual Offences Act, 2012 - Section 6, 4, 5(j)(ii) and (l)/6 – Criminal Procedure Code, 1973 - Section ... 164, 161, 313 - Evidence Act, 1872 - Section 3, 157 - Committed Sexual Intercourse - Pretext of Marriage – Appeal against Conviction ... In her s....
The Investigation Officer obtained Chemical reports (Ex.P.16) and (Ex.P.17) and after completing the investigation filed the final report against the appellant/accused under Section 5(1) r/w 6 of Protection of Children Sexual offence Act and 506 (i) IPC. The statement recorded under Section 164 Cr.P.C is marked as (Ex.P.18).
She disclosed the name of her mother as one Meena Khatoon. Statement under Section 164 Cr.P.C. was recorded after ten days on 18.02.2020.
The FIR further records that the second respondent was assaulted by the appellant’s sister and thrown out of the appellant’s house. The entirety of the statement is extracted below: “Statement U/s 164 Cr.P.C. The statement of the second respondent was recorded under Section 164 of CrPC.
No complaint to any authority was ever made that this statement was forcibly extracted. Secondly, his Section 164 CrPC statement is on record.
29. PW14 Raj Kumar is the driver of accused Pramod Gupta. He was examined as PW14 and in his examination-in-chief done on 02.07.2013, he admits that he is the driver of Pramod Gupta and used to drive his Ambassador Car bearing No. UA 07/0007 and that he was employed as a driver on a monthly salary of Rs. 2,500/-. This witness then narrates an entirely different story, i.e. different to what stated by her in her statement under Section 164 CrPC. His statement given under Section 164 C....
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