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Can Statements Be Recorded Multiple Times Under CrPC?
In criminal investigations across India, statements from witnesses, victims, or accused persons play a pivotal role. But can a statement be recorded multiple times under CrPC? This question often arises in trials, bail hearings, and appeals, as it touches on fairness, evidence integrity, and procedural safeguards. The Code of Criminal Procedure (CrPC), 1973, governs this through key sections like 161, 164, and 313. While multiple recordings are possible in certain scenarios, they are not unlimited and must serve justice without undermining evidence sanctity.
This post breaks down the legal framework, drawing from Supreme Court and High Court judgments, to clarify when and how multiple statements are permissible. Note: This is general information based on precedents; consult a lawyer for case-specific advice.
Understanding Key CrPC Provisions for Statement Recording
The CrPC outlines distinct procedures for different types of statements:
Section 161 CrPC: Police Recorded Statements
- Under Section 161, police officers can examine oral evidence from witnesses during investigation.
- Statements are typically recorded once, but multiple recordings can occur if new facts emerge. The prosecution must supply copies of all statements recorded more than once to the accused under Section 207 CrPC. Failure to do so can lead to quashing proceedings or orders for disclosure. (The prosecution is bound to supply copies of all the statements of the witnesses relied upon by it-Even if recorded more than once-of such witnesses... Col. S. J. Chiwdhary VS State through C. B. I.)
Section 164 CrPC: Magistrate Recorded Statements
- Section 164 allows magistrates to record confessional or non-confessional statements, often for vulnerable witnesses like victims of sexual offenses.
- Critically, nothing in law prevents recording a statement multiple times if good reasons exist, such as inconsistencies or new details. However, routine repetitions erode trust in the process.
- In a habeas corpus petition, the court affirmed: There is nothing in law to prevent the I.O. from moving an application for recording of statement of the witness/victim under section 164 Cr.P.C. for the second time or so on. For certain good reasons, the statement under Section 164 Cr.P.C. can be recorded more than once. But it cautioned: But that doesn’t mean that victim or I.O. can keep on giving such applications... without any good cause – Doing so, will destroy sanctity of such statements. (Court concerned rightly dismissed her application – Petition dismissed with cost... Manorama Singh VS State of U. P.)
- A similar view was echoed in another case rejecting a third recording: There were no good reasons to record statement of victim for third time. (Manorama Singh VS State of U. P. - 2023 Supreme(All) 1282)
Section 313 CrPC: Accused's Examination
- This section mandates examining the accused to explain incriminating evidence after prosecution closes its case.
- Re-examination or multiple questionings are allowed if new evidence surfaces, but not routinely. The provision benefits the accused, embodying audi alteram partem (hear the other side). (The power to call the accused to answer questions more than once after the conclusion of prosecution evidence should not be used in a routine or mechanical manner. RANJAN DWIVEDI VS C. B. I. Thr. the Director General - 2007 Supreme(Del) 2610)
Judicial Precedents on Multiple Recordings
Courts have addressed this in diverse contexts, from murder trials to corruption cases, emphasizing balance.
Permissibility in Investigations and Trials
- In economic offense bail matters, voluminous witness statements (several hundred pages) were noted without objection to multiples, focusing on trial delays instead. (Statement of the witnesses runs to several hundred pages... Sanjay Chandra VS CBI - 2011 8 Supreme 270)
- Dying declarations or related statements under Evidence Act Section 32 can form part of a continuous drama, allowing contextual multiples as an organic whole. (statement regarding each step directly connected with end of drama would be admissible... entire statement would have to be read as an organic whole... Sharad Birdhichand Sarda VS State Of Maharashtra - 1984 Supreme(SC) 181)
Safeguards Against Misuse
- High Court directives stress checks: In a POCSO-like case, repeated victim statements were scrutinized for consistency. Variations (e.g., raped me twice in 161 vs. several times in chief) raised doubts without corroboration. (Guguloth Lachiram vs The State of Telangana - 2024 Supreme(Online)(TEL) 20997)
- Magistrates must assess necessity and relevance before allowing recalls under Section 311 (additional evidence). (Witness testimony is crucial for a just decision... ABDUL RAHMAN KUNJU Vs STATE OF KERALA - 2010 Supreme(Online)(KER) 6868)
Bail and Quashing Contexts
- Multiple statements influence bail: Prolonged custody without conclusive evidence (post-multiples) favors release. (Appellants released on bail... after the completion of investigation... Sanjay Chandra VS CBI - 2011 8 Supreme 270)
- In fraud cases, inconsistencies across statements led to quashing. (The version of PW.2-victim varied from her statement under Section 161 Cr.P.C. to statement... Various IDs like Nirmal Mandal VS State - 2019 Supreme(Del) 416)
| Section | Multiple Allowed? | Conditions |
|-------------|-----------------------|---------------|
| 161 CrPC | Yes | New facts; supply all copies Col. S. J. Chiwdhary VS State through C. B. I. |
| 164 CrPC | Yes, for good reasons| Avoid routine; preserve sanctity Manorama Singh VS State of U. P. |
| 313 CrPC | Limited re-exam | New evidence only RANJAN DWIVEDI VS C. B. I. Thr. the Director General - 2007 Supreme(Del) 2610 |
Limitations and Best Practices
- No Unlimited Repetitions: Courts discourage abuse, imposing costs for frivolous third-time requests. (Petition dismissed with cost of Rs. 20,000/- Manorama Singh VS State of U. P.)
- Consistency Matters: Discrepancies (e.g., number of assaults varying across statements) weaken cases unless corroborated. (…I stated in my 161 Cr.P.C. statement, that the accused raped me twice; in my 164 Cr.P.C statement, one time... Guguloth Lachiram vs The State of Telangana - 2024 Supreme(Online)(TEL) 20997)
- Prosecution Duty: Full disclosure of multiples is mandatory; non-compliance invites Section 482 relief.
- Victim Protection: In sensitive cases (e.g., POCSO, SC/ST Act), multiples aid clarification but need judicial oversight.
Key Takeaways
- Yes, generally permissible under CrPC for valid reasons like emerging facts or inconsistencies, but not mechanically.
- Judicial Scrutiny Essential: Magistrates/IOs must justify multiples to uphold evidence reliability.
- Accused Rights Protected: Access to all versions ensures fair trial; delays from voluminous multiples factor into bail.
- Evolving Precedents: From murder conspiracies (Sections 302, 120-B... statement recorded under S. 313 Sharad Birdhichand Sarda VS State Of Maharashtra - 1984 Supreme(SC) 181) to sexual assaults, courts prioritize justice over rigidity.
In sum, while a statement can be recorded multiple times under CrPC, it requires good cause to prevent procedural abuse. This flexibility aids truth-seeking but demands caution.
Disclaimer: This article provides general insights from case law and is not legal advice. Laws and interpretations vary by facts and jurisdiction. Always seek professional counsel for your situation.
Search Results for "Can Statements Be Recorded Multiple Times Under CrPC?"
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
regarding each step directly connected with end of drama would be admissible because entire statement would have to be read as an ... For instance, where death is a logical culmination of a continuous drama long in process and is, as it were, a finale of story, statement ... instance where a death takes place within a short time of marriage and distance of time is not spread over three or four months, statement ... recorded under S. 313, Cr. ... Nor anybody enquired from me till my statement#....
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
Lekhi Ram and the Inspector Tara Chand both. of whom filed their individual written statements on July 14, 1984 more than eight months ... However no written statement was filed on behalf of the State of Haryana. ... In the affidavit filed before the High Court, the S.
2011 8 Supreme 270 • India - Supreme Court
G.S.SINGHVI, H.L.DATTU
Statement of the witnesses runs to several hundred pages and documents on which reliance was placed by prosecution, is voluminous ... Instantly there are seventeen accused persons- Statement of the witnesses runs to several hundred pages and documents on which reliance ... Code of Criminal Procedure ,1973- Section 439 - Appellants facing trial in respect of offences under Sections 420-B, 468, 471 and ... Statement of the witnesses runs to several hundred pages and the....
1983 0 Supreme(SC) 190 • India - Supreme Court
M.P.THAKKAR, S.MURTAZA FAZAL ALI, A.V.VARADARAJAN
, 1860 - Sections 302 and 149-Appellant Mohinder Singh convicted for murder-More ... than one case - Doubt about the weapon of crime-Rifle issued to some one else in possession of appellant not free from doubt-Prosecution ... His police statement (which has been subsequently treated as a dying declaration) was recorded on the 16th i. e. three days after ... The evidence shows that he was in fit condition to make a statement and his statement was truly and faithfully #....
1988 0 Supreme(SC) 337 • India - Supreme Court
B.C.RAY, G.L.OZA, M.N.VENKATACHALIAH, RANGANATH MISRA, S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
Volumes of testimony, we are told have been recorded and numerous exhibits have been admitted as evidence. ... After a gap of more than three years, want of jurisdiction of the High Court was sought to be reagigated before the two-Judge Bench ... Objection was overruled, the revision petition filed against the order was dismissed. Appellant filed Special Leave Petition. ... Volumes of testimony, we are told, have been recorded and numerous exhibits h....
1985 0 Supreme(Cal) 10 • India - Calcutta
Sudhir Ranjan Roy
than once. ... OF CRIMINAL PROCEDURE TO SET THE CRIMINAL LAW IN MOTION AGAINST THE OFFENDER. ... than once because it held that the complainants were not "persons aggrieved" and therefore the proceedings against the petitioner ... than once. ... set the criminal law in motion. ... of Criminal Procedure to sot the criminal law in motion against the offender, is the main question r....
• India - Crimes
JAGDISH CHANDRA
Act, Sections 3, 4 and 6-Not supplied copies of statements of certain witnesses recorded more than once by police officer in his ... Criminal Procedure Code, 1973-Sections 161, 162, 172, 173,207 and 482-Indian Evidence Act, 1872-Section 145-Indian Penal Code, 1860 ... -Request to supply them declined by Magistrate Petition against under Section 482 Criminal Procedure Code-Whether decision of the ... of some of them have been recorded by the Investiga....
1988 0 Supreme(P&H) 54 • India - Punjab and Haryana
S.S.SODHI
The trial Magistrate closed the prosecution case and recorded the petitioner's statement under Sec.313 of the Code of Criminal Procedure ... The prosecution witnesses were declared hostile, and the case was adjourned multiple times. ... Interlocutory Orders - Criminal Procedure - The court held that the orders of the trial Magistrate were interlocutory in nature ... Further, it was said that they were required to be summoned as court witnesses to prove their tape #HL_....
1979 0 Supreme(Bom) 183 • India - Bombay
V.S.KOTWAL
occasions. ... The court noted that the petitioner had filed two applications for anticipatory bail and that he had appeared in court on several ... The petitioner filed an application for anticipatory bail under section 438 of the Code of Criminal Procedure, arguing that there ... Shri Patwardhan made a statement before me that his client is prepared to report to the police at reasonable times. ... I am, therefore, of the opinion, for the reasons recorded#H....
2000 0 Supreme(P&H) 627 • India - Punjab and Haryana
BAKHSHISH KAUR
subsequently challenged and remanded multiple times. ... Section 145 - Criminal Procedure Code - Raghubir Singh v. ... Gram Samaj, Kotra through Ram Asre, AIR 1964 Allahabad 394 - The court quashed the proceedings initiated under Section 145 of the Code ... He recorded the finding in a very cursenal manner that before filing the application, the applicant Ram Dia was in possession over ... The file shows that on 20th February, 1984, statement was made by the counsel for the respondent ....
• India - Crimes
JYOTSNA SHARMA
During the course of investigation, the statement of victim under Section 164 Cr.P.C. was recorded on 29.04.2023. Thereafter, her statement under Section 164 Cr.P.C. was recorded for the second time on 11.05.2023. ... There is nothing in law to prevent the I.O. from moving an application for recording of statement of the witness/victim under section 164 Cr.P.C. for the second time or so on. For certain good reasons, the statement un....
2023 0 Supreme(All) 1282 • India - Allahabad
JYOTSNA SHARMA
During the course of investigation, the statement of victim under Section 164 Cr.P.C. was recorded on 29.04.2023. Thereafter, her statement under Section 164 Cr.P.C. was recorded for the second time on 11.05.2023. ... There is nothing in law to prevent the I.O. from moving an application for recording of statement of the witness/victim under section 164 Cr.P.C. for the second time or so on. For certain good reasons, the statement un....
• India - High Court Of Uttarakhand
recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”). ... A young girl who studied up to standard 2, was sold multiple times. ... Subsequently, it was revealed that, in fact, the victim was sold multiple times. ... In her statement recorded under Section 161 of the Code, she has told that co- 161 of the Code, the applicant has been named, but the p style="position:absolute;white-space:
2019 0 Supreme(Del) 416 • India - Delhi
MUKTA GUPTA
Statement of the prosecutrix under Section 164 Cr.P.C. has also not been recorded. ... She tried contacting him multiple times but he was deliberately running away from her. He had physical relations with her on the false pretext of marrying her. Aforesaid statement was recorded vide Ex.PW-5/A. ... Later on, the appellant came to Delhi multiple times in a span of a month and a half, stayed in her flat and made physical relations wit....
• India - Delhi High Court
MUKTA GUPTA
Statement of the prosecutrix under Section 164 Cr.P.C. has also not been recorded. ... She tried contacting him multiple times but he was deliberately running away from her. He had physical relations with her on the false pretext of marrying her. Aforesaid statement was recorded vide Ex.PW-5/A. ... Later on, the appellant came to Delhi multiple times in a span of a month and a half, stayed in her flat and made physical relations wit....
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