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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Contradictions and inconsistencies between statements recorded in different locations or times are noted, but the recording location (court vs. Sakhi Centre or Magistrate’s office) does not seem to be a legal barrier.
Analysis and Conclusion:
References:- ["Chandra Mouli VS State of Kerala Represented By The Public Prosecutor - Kerala"]- ["SRINIVASA vs THE STATE OF KARNATAKA BY - Karnataka"]- ["MANOJ YADAV vs STATE OF CHHATTISGARH - Chhattisgarh"]- ["Shailendra Kushwaha vs State of U.P. - Allahabad"]- ["SRINIVASA vs THE STATE OF KARNATAKA BY - Karnataka"]- ["Rajendra Prasad @ Gappu VS State of U. P. - Allahabad"]- ["SRINIVASA vs THE STATE OF KARNATAKA BY - Karnataka"]- ["Shrikant Mandal @ Shrikant Kumar Mandal VS State of Bihar - Patna"]- ["Ram Sakhi Devi VS State of Bihar - Patna"]- ["RAM LAL NAYAK vs THE STATE OF RAJASTHAN - Rajasthan"]- ["NEPAL ROY vs THE STATE OF ASSAM AND ANR. - Gauhati"]- ["Jon Sing Engti Kathar S/o Joy Sing Engti Kathar VS State Of Assam - Gauhati"]- ["Lawmsangkima S/o Samuela vs State of Mizoram - Gauhati"]- ["Dilip Gour, Udalguri, Assam vs State Of Assam, rep. by PP, Assam - Gauhati"]- ["01400054368"]- ["SANJAY DARJEE v/s STATE OF SIKKIM - Sikkim"]- ["XXX VS State of Chhattisgarh - Chhattisgarh"]- ["SRINIVASA vs THE STATE OF KARNATAKA BY - Karnataka"]
In criminal cases, especially those involving vulnerable victims like children or survivors of sexual offences, the recording of statements under Section 164 of the Code of Criminal Procedure (CrPC) plays a pivotal role. This provision allows a Magistrate to record statements to ensure they are voluntary and reliable, often serving as crucial evidence. A common query among legal practitioners, investigators, and advocates is: Is there any circular of Rajasthan High Court according to which statement of victim under 164 CrPC is to be recorded at the place of victim or Sakhi centre but not in the court?
This question arises amid growing emphasis on victim-centric procedures, particularly in sensitive cases. Sakhi Centres, one-stop facilities for women and children in distress, are increasingly referenced for providing safe spaces. However, does the Rajasthan High Court have a binding circular on this? Let's delve into the legal landscape, judicial precedents, and guidelines to provide clarity.
Section 164 CrPC empowers Magistrates to record statements and confessions during investigations. Key requirements include:- Magistrate's Direct Involvement: The statement must be recorded by a Magistrate, ensuring procedural safeguards like explaining rights, testing voluntariness, and competency, especially for children or those with mental disabilities. R. Baba Shankar VS State Rep. by Sub Inspector of Police, Kancheepuram - 2024 0 Supreme(SC) 1292Assistant Collector Of Central Excise, Rajamundry VS Duncan Agro Industries LTD. - 2000 5 Supreme 444- Safeguards for Vulnerability: Courts stress confidentiality, dignity, and safety, particularly in sexual offence cases.
Typically, these statements are recorded in a court setting. However, exceptions may apply for victim comfort, but are they mandated by a specific circular?
After thorough review of available judicial documents and guidelines, there is no specific circular or directive issued by the Rajasthan High Court mandating that victim statements under Section 164 CrPC be recorded exclusively at the victim's place or a Sakhi Centre instead of in court.Maksood Ahmad VS State of NCT of Delhi - 2024 0 Supreme(Del) 50
This absence is notable. While procedural norms emphasize Magistrate involvement in controlled environments, no Rajasthan High Court circular enforces location-specific recording outside court premises as a general rule.
The Supreme Court has issued directions prioritizing victim safety:- Statements of minors should preferably be recorded before a Lady Magistrate with confidentiality. Maksood Ahmad VS State of NCT of Delhi - 2024 0 Supreme(Del) 50- Interim guidelines suggest recording at the nearest Magistrate’s court or safe locations for child victims or those with disabilities, ensuring comfort. Maksood Ahmad VS State of NCT of Delhi - 2024 0 Supreme(Del) 50
These are broad, applicable nationwide, but not Rajasthan-specific circulars. High Courts echo this, emphasizing procedural correctness over rigid locations.
While no Rajasthan circular exists, other cases illustrate evolving practices:
These examples show Sakhi Centres facilitating recordings in specific instances, but not as a mandated alternative to court via circular.
Other precedents highlight statement reliability:- Contradictions between Section 164 statements and trial testimony often lead to acquittals, underscoring procedural integrity. Ajeet Singh Constable VS State of U. P. - 2022 Supreme(All) 1556 (From the materials placed on record it appears that the statement of the victim (P.W.-1) was recorded under Section 161 Cr.P.C. wherein she did not allege... but in the statement recorded under Section 164 Cr.P.C.)- In rape appeals, inconsistencies in victim statements under Section 164 CrPC versus court recordings raise reasonable doubt. Hari Shanker Chaurasiya VS State Of U. P. - 2016 Supreme(All) 3855 (I am aware that the statement of the victim recorded under Section 164 Cr.P.C., is only a previous statement... but the contradictions... strike at the root of the case.)- Courts stress that medical evidence and consistent testimony are vital; mere suspicion isn't proof. Amol VS State of Maharashtra - 2018 Supreme(Bom) 2023
These cases from various High Courts (e.g., Bihar, Allahabad) reinforce that while locations like Sakhi Centres may be used judiciously, the focus remains on evidentiary value and safeguards, not location mandates. KUMARI BINDHYAVASINI SHARMA vs STATE OF BIHAR and ORSParimal Mallick @ Prasanta Mallick @ Pore VS State of West Bengal - 2018 Supreme(Cal) 71
In summary, no explicit Rajasthan High Court circular requires Section 164 CrPC victim statements at the victim's place or Sakhi Centres over court premises. Practices lean toward flexibility for safety, guided by Supreme Court directives and case-specific orders. This victim-centric evolution protects dignity without altering core CrPC mandates.
Key Takeaways:- No Rajasthan-specific circular exists. Maksood Ahmad VS State of NCT of Delhi - 2024 0 Supreme(Del) 50- Emphasize procedural safeguards universally.- Use Sakhi Centres judiciously in special cases.- Reliability hinges on consistency and voluntariness.
This article provides general information based on reviewed documents and is not legal advice. Consult a qualified lawyer for case-specific guidance.
References:1. Maksood Ahmad VS State of NCT of Delhi - 2024 0 Supreme(Del) 50: Supreme Court directions on safe recording.2. Assistant Collector Of Central Excise, Rajamundry VS Duncan Agro Industries LTD. - 2000 5 Supreme 444: Procedural safeguards.3. Bhagwan Singh VS State of U. P. - 2025 2 Supreme 303: Confidentiality observations.4. Various High Court cases as cited.
#Section164CrPC, #RajasthanHighCourt, #VictimRights
The learned counsel who appeared for the petitioner in the trial court on 28.9.2022 submitted an application seeking certified copy of the statement of the victim recorded under Section 164 Cr.P.C. ... The sum and substance of the arguments of the learned counsel is that compelling the accused/lawyer to submit an affidavit stating that copy of the statement of the victim recorded under Section 164 Cr.P.C#....
Section 164 Cr.PC before the jurisdictional Magistrate, the victim girl has not made any serious allegation against the petitioner. ... (FATHER/HUSBAND’S NAME IS NOT KNOWN TO PETITIONER) AGED ABOUT 36 YEARS, ADMINISTRATIVE OFFICER, “SAKHI” ONE STOP CENTRE, DISTRICT HOSPITAL, of Cr.P.C. ... In her statement recorded under - 5 - NC: 2023:KHC:43841 CRL.P No. 11320 of 2023 Tri....
Thereafter she was sent to Sakhi Centre, Balod and officers of Sakhi Centre also advised her to go to her parental house, but she was not ready to go and also threatened that if she is not permitted to live with Abhishek (son of present applicant), she would commit suicide. ... It is further submitted that statement of the prosecutrix under Section 164 of the CrPC was recorded in the earlier case pertaining to Crim....
It is further submitted that statement of the prosecutrix under Section 164 of the CrPC was recorded in the Centre, Balod and officers of Sakhi Centre also advised her to go parents, her statement was recorded before Executive Magistrate prosecurix recorded before the Court and before Executive NAFR HIGH
The victim ‘X’ has proved her subsequent statement under Section 164 Cr.P.C. recorded on 03.07.2014 as Ex. Ka-1. ... The victim has also acknowledged that her first statement was recorded by the Magistrate on her narration and she had not complained to any officer, that her first statement under Section 164 Cr.P.C had been incorrectly recorded. ... The first....
But learned trial court did not discuss the statement recorded under Section 164 Cr.P.C. in this judgment. ... It is also contended by learned counsel for the appellant that the statement of the victim recorded under Section 164 were not found on record. However, the statement of victim was recorded as such. It is true that the statem....
He proceeded to the place of occurrence, prepared the sketch map and recorded the statement of witnesses under Section 161 of the CrPC. ... Further, it is a fact that the sign expressed by the victim at the time of recording her statement under Section 164 CrPC as well as at the time of adducing her evidence, is not recorded by the Magistrate but it is not so easy to record the sign language shown....
From the materials placed on record it appears that the statement of the victim (P.W.-1) was recorded under Section 161 Cr.P.C. wherein she did not allege the commissioning of rape upon her by the accused-appellant but in the statement recorded under Section 164 Cr.P.C., which was recorded before the ... She has further stated that in the open court when the C.J.M. asked the victim#HL_EN....
explanation that what is recorded in the statement u/s 164 Cr. ... a certified copy of the said case, which clearly shows that immediately after the so called statement that was recorded u/s 164 ... In the statement, as recorded, the Magistrate himself has assessed the age of victim girl to be 27 contradiction with the statement as recorded. ... The alleged #HL_STAR....
The learned Magistrate, who had recorded the victim's statement under Section 164 of the CrPC came to be examined as PW-7, who proved the victim’s statement recorded by her, which was marked as Exhibit-6. 7. ... Upon comparative reading of the written statement of the victim, which is the basis for registration of FIR dated 09.12.2019, and her statement recorded under Section 164 of the ....
The statement on record which purports to be the statement of the victim recorded under Section 164 of the Code of Criminal Procedure is not referred to in the evidence of either the victim or the Investigating Officer. This complaint was apparently forwarded by P.W. 2 to Police Station However, although the said statement was produced along with the charge-sheet, no attempt was made by the prosecution to tender the said statement in evidence much less to prove the statement. Exhibit 17 is a complaint written by the victim at the instance of the Headmaster (P.W. 2).
On the contrary, such statement of the victim does not support the contention of the victim recorded on oath by the trial Court. Learned trial Court also did not pay any attention to such statement of the victim under Section 164 of the Code of Criminal Procedure and thereby learned trial Court was definitely misguided by such statement of the victim recorded to under Section 164 of the Code of Criminal Procedure.
I am aware that the statement of the victim recorded under Section 164 Cr.P.C., is only a previous statement of the victim but the contradictions in the statement of the victim recorded under Section 164 Cr.P.C. and that recorded before the trial court are contradictory to each other which strike at the root of the case.
Reference of the statement of the victim recorded under Section 164 Cr.P.C. being Exhibit Ka-2 would be helpful at this stage because the statement of the victim recorded under Section 164 Cr.P.C. and that recorded before the trial court are practically contradictory to each other. Fkk fd cqjs dke dk eryc ifr iRuh dk fj'rk gksrk gSA ifr iRuh ds chp tks dke gksrk gS og eSa dHkh ughsa ns[kh gwWA" She has stated that she lived for 2 days at the house of "Ojha" at Kolkata, when "Ojha" made her conversed by phone with her family members then her maternal uncle (Mama) took her fr....
But initially Ram Sajivan was mentioned an unknown person and later on while lodging the F.I.R., the name of the accused, who belong to a different village, was mentioned is a million dollar question, which remained unanswered throughout the trial. When her statement was recorded before the Magistrate, she specifically stated that the accused Ram Sajivan forcibly entered into her room and raped her. 4. The statement of the victim recorded under Section 164 Cr.P.C. is nothing but a previous statement of the victim.
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