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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 164 CrPC - Nature of Statement A statement recorded under Section 164 of CrPC is not substantive evidence but can be used to corroborate or contradict other statements, as clarified by the Supreme Court in Harmit Kaur and others (AIR 1972 SC 202). It is primarily meant for the Magistrate to record the victim's or witness's statement, not as direct proof of facts. Sources: XXX VS State of Chhattisgarh - 2022 0 Supreme(Chh) 474, ["Okansh Kumar Singh VS State of U. P. - Allahabad"], ["Syed Shahnawaz Hussain VS State And Another - Delhi"], ["Syed Shahnawaz Hussain VS State And Another - Delhi"]
Section 154 CrPC - Procedure for Informant and Police Section 154(1) mandates that information about a cognizable offence be recorded by the police, leading to the registration of an FIR. The process requires a proper application under Section 154(3) if initial refusal occurs, and subsequent steps include recording statements and investigations. Merely endorsing a complaint without following procedures does not constitute compliance. Sources: Parshant Vashishta, S/o. Shri Banarsi Das Vashishta VS State of Chhattisgarh, through the Secretary, Department of Home, Raipur (C. G. ) - Chhattisgarh, ["Okansh Kumar Singh VS State of U. P. - Allahabad"], ["Syed Shahnawaz Hussain VS State And Another - Delhi"], ["Syed Shahnawaz Hussain VS State And Another - Delhi"]
Comparison of Footings 164 and 154 Statements Statements under Section 164 are recorded by the Magistrate, often after investigation, and serve as evidentiary material that can support or challenge other testimonies but are not automatically substantive evidence. In contrast, Section 154 relates to the initial reporting of the offence to police, which is the starting point of investigation. Both serve different purposes: Section 164 statements are recorded during or after investigation for evidentiary use, whereas Section 154 involves the preliminary report leading to FIR registration. Sources: XXX VS State of Chhattisgarh - 2022 0 Supreme(Chh) 474, ["Parshant Vashishta, S/o. Shri Banarsi Das Vashishta VS State of Chhattisgarh, through the Secretary, Department of Home, Raipur (C. G. ) - Chhattisgarh"], ["Okansh Kumar Singh VS State of U. P. - Allahabad"], ["Syed Shahnawaz Hussain VS State And Another - Delhi"], ["Syed Shahnawaz Hussain VS State And Another - Delhi"]
Legal Insights and Judicial Viewpoints Courts have emphasized that a statement under Section 164 can be used to support or challenge other evidence but does not hold the status of substantive proof. Its primary function is to aid the investigation and provide clarity on the victim's or witness's account. The Criminal Amendment Act, 2013, made it mandatory for police to record victims' statements under Section 164 in cases under Section 376 IPC, highlighting its importance in safeguarding victim rights but not elevating it to substantive evidence. Sources: Syed Shahnawaz Hussain VS State And Another - Delhi, ["Syed Shahnawaz Hussain VS State And Another - Delhi"], ["Okansh Kumar Singh VS State of U. P. - Allahabad"]
Analysis and ConclusionWhile both Section 164 and Section 154 statements are integral to criminal proceedings, they are not interchangeable or the same footing. Section 164 statements are recorded by Magistrates to serve as supplementary evidence and are not substantive proof, whereas Section 154 reports initiate the investigation process. Courts consistently treat Section 164 statements as supportive evidence rather than conclusive proof, and procedural compliance under Section 154 is crucial for valid FIR registration. Therefore, they cannot be treated as the same footing or directly equated in legal terms.
In criminal investigations in India, two key provisions under the Code of Criminal Procedure, 1973 (CrPC)—Section 154 and Section 164—play pivotal roles. But can statements recorded under Section 164 CrPC be treated on the same footing as those under Section 154 CrPC? This question often arises in trials, where the evidentiary value of these documents is scrutinized. Generally, the answer is no: they serve distinct purposes and have different legal standings. This post breaks down the differences, drawing from judicial interpretations and legal principles to provide clarity.
Whether you're a law student, legal professional, or someone navigating a case, understanding these nuances can make a significant difference. Let's dive into the details.
Section 154 CrPC governs the registration of the First Information Report (FIR), the cornerstone of any criminal investigation for cognizable offenses. It mandates police to record information about such offenses promptly, making the FIR the earliest and primary record that sets the criminal law in motion In Re: Indian Woman says gang-raped on orders of Village Court published in Business & Financial News dated 23. 01. 2014 VS . - 2014 0 Supreme(SC) 245.
As noted in one case, The police machinery was moved on the basis of statement of PW-1 made under Section 154 of the Cr.P.C. The basis of recording of FIR Ex.PW10/B was the aforesaid statement Ram Singh VS State of H. P. - 2022 Supreme(HP) 808.
Section 164 CrPC empowers a Magistrate to record statements or confessions during investigation, typically before trial. These are safeguards against coercion, ensuring voluntariness R. Shaji VS State of Kerala - 2013 1 Supreme 545.
Importantly, statements recorded under Section 164 Cr.P.C. are not substantive evidence and are only admissible for corroboration or contradiction R. Shaji VS State of Kerala - 2013 1 Supreme 545Saurav Das VS Union of India - 2023 1 Supreme 495Sankhi Chiba VS State of Arunachal Pradesh - 2007 0 Supreme(SC) 1279.
The law emphasizes their distinct roles:
| Aspect | Section 154 (FIR) | Section 164 Statement ||--------|-------------------|-----------------------|| Timing | Initial, pre-investigation In Re: Indian Woman says gang-raped on orders of Village Court published in Business & Financial News dated 23. 01. 2014 VS . - 2014 0 Supreme(SC) 245 | During/after investigation R. Shaji VS State of Kerala - 2013 1 Supreme 545 || Recorder | Police officer | Magistrate || Evidentiary Role | Primary record, initiates case T. T. Antony VS State Of Kerala - 2001 5 Supreme 131 | Corroboration/contradiction only Saurav Das VS Union of India - 2023 1 Supreme 495 || Substantive Evidence? | No, but foundational | Strictly no Sankhi Chiba VS State of Arunachal Pradesh - 2007 0 Supreme(SC) 1279 |
Section 154 is the initial step in the criminal process with statutory obligations, while Section 164 ensures voluntariness for corroborative use In Re: Indian Woman says gang-raped on orders of Village Court published in Business & Financial News dated 23. 01. 2014 VS . - 2014 0 Supreme(SC) 245R. Shaji VS State of Kerala - 2013 1 Supreme 545. Treating them equally would blur these lines, as courts have repeatedly clarified.
Indian courts, including the Supreme Court, have consistently ruled against equating them. For instance:
High Courts echo this. In a Delhi case, mandatory recording under Section 164 for certain offenses like Section 376 IPC was highlighted, yet its limits were clear SYED SHAHNAWAZ HUSSAIN Vs THE STATE & ANR. - 2022 Supreme(Online)(DEL) 3658SYED SHAHNAWAZ HUSSAIN vs THE STATE & ANR.. Another ruling stressed: Law is well settled that statement recorded under section 164 Cr.P.C. cannot be treated as substantive evidence but the same can only be used for the purpose of corroboration Amir Hamja VS State Of Assam - 2020 Supreme(Gau) 204.
Even in sensitive cases like rape or murder, Section 164 holds a better footing than police statements due to Magistrate involvement, but still not substantive: a greater amount of credibility is attached to it for being recorded by a Judicial Magistrate... However, relevancy, admissibility and reliability are distinct concepts Vijaya Singh VS State Of Uttarakhand - 2024 8 Supreme 754.
While distinct, exceptions exist:- Corroboration/Contradiction: Section 164 can support or challenge trial testimony (Evidence Act Sections 145, 157) SANJAY DARJEE v/s STATE OF SIKKIM - 2025 Supreme(Online)(Sikk) 58.- No Substantive Use: Cannot prove facts independently; witness must testify in court R. Shaji VS State of Kerala - 2013 1 Supreme 545Sankhi Chiba VS State of Arunachal Pradesh - 2007 0 Supreme(SC) 1279.- Retraction Scrutiny: Courts won't discard lightly: Statement under Section 164 Cr.P.C. cannot be discarded at drop of a hat... higher burden must be placed upon witness to retract Vijaya Singh VS State Of Uttarakhand - 2024 8 Supreme 754.- Special Cases: Section 164A (medical exams) mirrors 164 value Sakeena VS Mohd. Hussain Sheikh - 2015 Supreme(J&K) 528.
Procedural lapses, like recording by non-Magistrate, compromise validity RAM AUTAR VS STATE OF U. P. - 2017 Supreme(All) 1854. In acquittals, failure to prove links beyond FIR/164 often leads to benefit of doubt Ram Singh VS State of H. P. - 2022 Supreme(HP) 808Badhna Orang VS State of Assam - 2024 Supreme(Gau) 1833.
Statements under Sections 164 and 154 CrPC cannot be treated on the same footing. The FIR (154) launches investigations as the primary record, while 164 statements are mere corroborative aids, not proof of guilt In Re: Indian Woman says gang-raped on orders of Village Court published in Business & Financial News dated 23. 01. 2014 VS . - 2014 0 Supreme(SC) 245Saurav Das VS Union of India - 2023 1 Supreme 495. Judicial precedents reinforce this, preventing misuse.
Key Takeaways:- FIR: Foundational, not substantive.- 164: Corroborative only; Magistrate-recorded credibility.- Always rely on trial testimony for substance.
This post provides general legal information based on precedents and is not specific advice. Consult a qualified lawyer for your case.
#CrPC #Section164 #CriminalLaw
In her statement under Section 164 of CrPC (Ex. ... Statement of the victim under Section 164 CrPC :- 14. Now, we shall consider the statement of the victim recorded under Section 164 of CrPC vide Ex. ... Section 164 CrPC enables the recording of the statement or confession before the Magistrate. Is such statement substantive evidence ? What is the purpose of r....
Sub-section (1) of Section 154 of the CrPC provides as under:- "154. ... of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible. ... the CrPC and merely endorsing a copy of application under Section 154(1) of the CrPC to the Superintendent of Police cannot be said to be the strict compliance of Section 154(3) of the CrPC, there has to be a separate and independent appl....
Ultimately, statement of prosecutrix was recorded under Section 164 Cr.P.C., which is on record as Annexure-6 to the affidavit. Prosecutrix in her aforesaid statement has departed from her earlier statement under Section 161 Cr.P.C. ... Referring to the statement of prosecutrix under Section 164 Cr.P.C., learned counsel for applicant further submits that prosecutrix is a consenting party. ... Learned counsel for ....
Thereafter, on 29.08.2017, the statement of the prosecutrix under Section 164 Cr.P.C. was also recorded, before the learned Trial Court, in which the statement given under Section 161 Cr.P.C., was reiterated and further, in her subsequent statement ... In her statement given by the prosecutrix under Section 164 of the Code of Criminal Procedure (CrPC) after the prosecutrix attained majority, she categorically made ....
recorded under Section 164 Cr.P.C. ... Before proceeding further on this facet, it may be clarified that the statement made under Section 164 of the Cr.P.C. may be used to corroborate or contradict a statement made in the Court in the manner provided by Sections 145 and 157 of the Evidence Act but under no circumstance can it be treated as ... In her cross-examination she denied having improvised her statement at the time when her Section 1....
It observed that the Criminal Amendment Act of 2013 had made it mandatory for the Police to record the statement of the victim under Section 164 Cr.P.C. in cases punishable under Section 376 IPC. ... On the same day, vide separate orders, two other applications were also disposed of, one seeking the recording of the statement of the complainant under Section 164 Cr.P.C. and the other for carrying out the medical examination of the prosecutrix and the alleged accused. ... Till date the ....
It observed that the Criminal Amendment Act of 2013 had made it mandatory for the Police to record the statement of the victim under Section 164 Cr.P.C. in cases punishable under Section 376 IPC. ... Till date the police had not got the statement under Section 164 Cr.P.C. of the prosecutrix recorded. Thus, there was a complete miscarriage of justice. Hence, it was prayed that the petition be dismissed. ... On the same day, vide separate orders, two other applications were also dispos....
154(3)Cr.P.C. ... of the victim under Section 164 Cr.P.C. in cases punishable under Section 376 IPC. ... On the same day, vide separate orders, two other applications were also disposed of, one seeking the recording of the statement of the complainant under Section 164 Cr.P.C. and the other for carrying out the medical No doubt, the information with regard to a cognizable offence is to be given to the police under Section 154(1)....
154(3)Cr.P.C. ... of the victim under Section 164 Cr.P.C. in cases punishable under Section 376 IPC. ... On the same day, vide separate orders, two other applications were also disposed of, one seeking the recording of the statement of the complainant under Section 164 Cr.P.C. and the other for carrying out the medical NEUTRAL CITATION NO: 2022/DHC/003074 CRL.M.C. 3456/2018 Page 6 of 14 statement under Section 164 #....
The police machinery was moved on the basis of statement of PW-1 made under Section 154 of the Cr.P.C. The basis of recording of FIR Ex.PW10/B was the aforesaid statement. In the aforesaid statement under Section 154 of the Cr.P.C. ... It was alleged in statement under section 154 Cr.P.C. that the appellant No.1 and deceased were married for the last about four years and had a daughter aged about three years from t....
For, even if a witness has retracted from a statement, such retraction could be a result of manipulation and the Court has to examine the circumstances in which the statement was recorded, the reasons stated by the witness for retracting from the statement etc. Ultimately, what counts is whether the Court believes a statement to be true, and the ultimate test of reliability happens during the trial upon a calculated balancing of conflicting versions in light of the other evidence on record. However, relevancy, admissibility and reliability are distinct concepts in the realm of the law of evi....
However, a statement recorded under Section 164, CrPC can be used for both corroboration and contradiction. It has been clarified in R. Shaji vs. 21. It is well settled that neither the FIR lodged in a case nor a statement recorded under Section 164 of the Code in connection with that case is substantive evidence in a case. It is the evidence given in court under oath which has the element of sanctity and it is for this reason, the same is called substantive evidence. It is also a settled proposition that a statement recorded under Section 161, CrPC can be used only for the....
Law is well settled that statement recorded under section 164 Cr.P.C. cannot be treated as substantive evidence but the same can only be used for the purpose of corroboration. In the case of Utpal Das and another vs State of West Bengal reported in (2010) 6 SCC 493 the Supreme Court has held that the statements recorded under section 164 Cr.P.C can never be used as substantive evidence of truth of facts but may be used for contradiction or corroboration of a witness who made it.
It was further submitted that this statement was sent to the police of Police Station Pailani, District Banda and the same was received at the aforesaid Police Station on 7.4.1979. Learned counsel for the appellants strongly contended that the statement under Section 164 Cr.P.C. could be recorded only by a Judicial Magistrate or by a Metropolitan Magistrate but certainly not by a Sub Divisional Magistrate. On the basis of the aforesaid statement, the Police of Police Station Pailani, District Banda registered a case under Sections 302, 201 and 202 I.P. C. against P.W. 1 Dhani Ram and the acc....
Nature and value of statement recorded under the provisions remains same. 9. Statement recorded under section 164-A Cr.P.C. is to be given same treatment and is of same evidentiary value as statement recorded under Section 164 Cr.P.C. The only difference between the two provisions is that while Section 164 Cr.P.C. is an enabling provision, Section 164-A Cr.P.C. is mandatory in character.
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