AI Overview...
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Statement Recording under Sections 161 and 164 Cr.P.C. - Statements recorded under Section 161 Cr.P.C. are considered hearsay and cannot be used as substantive evidence; they serve primarily to corroborate or contradict witnesses' testimonies. Conversely, statements under Section 164 Cr.P.C. have a higher evidentiary value and can be used as substantive evidence in court. Nabi Ahmad VS State of Uttar Pradesh - Crimes, Amir Singh S/O Late Munna Singh VS State Of Bihar - Patna, NABI AHMAD VS STATE OF UTTAR PRADESH - Allahabad, T. DIWAKARA VS STATE OF KARNATAKA - Karnataka
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Legal Status and Evidentiary Value - A statement recorded under Section 164 Cr.P.C. is deemed more reliable than one under Section 161, and convictions based solely on Section 161 statements are generally not sustainable. Courts emphasize that convictions should ideally be based on statements recorded under Section 164 or other substantive evidence. T. DIWAKARA VS STATE OF KARNATAKA - Karnataka, Amir Singh S/O Late Munna Singh VS State Of Bihar - Patna
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Use in Convictions and Court Proceedings - While statements under Sections 161 and 164 can be used to support or challenge witness credibility, they cannot independently form the basis for conviction unless corroborated by other evidence. In some cases, failure to cross-examine witnesses on their Section 164 statements is noted as a procedural lapse. Nabi Ahmad VS State of Uttar Pradesh - Crimes, Ha Tadok VS State of Arunachal Pradesh - Gauhati, Sh. Vanlaltluanga S/o- Sh. Thangseia (L) vs State of Mizoram - Gauhati
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Application in Specific Cases (e.g., Rape and Murder) - In cases of serious offences like murder or sexual assault, statements under Sections 161 and 164 are crucial but must be corroborated by medical evidence, witness testimonies, or other substantive evidence for a conviction. The credibility of victim statements recorded under these sections is often upheld if consistent and properly recorded. NABI AHMAD VS STATE OF UTTAR PRADESH - Allahabad, Bhagaban Gouda VS State of Orissa - Orissa, Shri. Kadar N. Marak vs State of Meghalaya - Meghalaya, Ha Tadok VS State of Arunachal Pradesh - Gauhati, Sh. Vanlaltluanga S/o- Sh. Thangseia (L) vs State of Mizoram - Gauhati
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Implications for Conviction - Convictions based solely on statements under Section 161 are generally weak, and courts prefer evidence recorded under Section 164 for conviction purposes. Delay or improper recording of statements under Section 164 can cast doubt on the reliability of the evidence and the conviction. Gopal Uraon S/o Mangal Sai Uraon VS State of Chhattisgarh - Chhattisgarh, T. DIWAKARA VS STATE OF KARNATAKA - Karnataka
Analysis and Conclusion:
Statements recorded under Section 164 Cr.P.C. hold a higher evidentiary status than those under Section 161, and courts rely more heavily on them for conviction. While Section 161 statements are useful for corroboration and credibility assessment, they are not substantive evidence. Proper recording, timely examination, and cross-examination of witnesses' statements under Section 164 are vital for establishing guilt. Convictions based solely on hearsay or uncorroborated Section 161 statements are generally not sustainable, emphasizing the importance of substantive evidence in criminal trials.
Search Results for "Conviction Upon Statement Recorded under Section 161 and 164 Cr P C"
• India - Crimes
V.M.SAHAI, J.C.GUPTA
recorded u/ss. 161 and 164 Cr. ... - Statement recorded under cannot be used as substantive evidence - it can be used only to corroborate or contradict the witness. ... (Paras 8 to 11) ... (ii) Criminal Procedure Code, 1973 - Section 164 ... The learned Sessions Judge has, however, relied upon the statement of the said witness as was recorded under Section 161 Cr. P.C. and under ....
1999 0 Supreme(All) 135 • India - Allahabad
J.C.GUPTA, V.M.SAHAI
CRIMINAL APPEAL - SECTION 302, 201, 394 IPC - MURDER - EVIDENCE - STATEMENT RECORDED UNDER SECTION 161 AND 164 CR. P. ... Salatunnisa's statement recorded under Section 161 and 164 Cr. P. C. to convict the appellants. ... Whether the statement of a hostile witness recorded under Section 161 and 164 Cr. P. C. ....
2022 0 Supreme(Chh) 395 • India - Chhattisgarh
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
- In that view of matter, impugned judgment of conviction recorded against appellants for offence punishable under Section 302/34 ... of two and half months in taking statement of (P.W.-6) under Section 161 CrPC and thereafter, delay of three months in taking his ... statement under Section 164 CrPC has also not been sufficiently explained by prosecution and it also creates doubt in mind of Court ... under Section ....
2006 0 Supreme(Kar) 480 • India - Karnataka
K.SREEDHAR RAO
better legal status than one recorded under Section 161(3) of the Criminal Procedure Code, and conviction cannot be based solely ... Ratio Decidendi: The court held that a statement recorded under Section 164 of the Criminal Procedure Code does not have a ... Finding of the Court: The trial court convicted the accused based on the victim's statement recorded under Section ... While convicting t....
2020 0 Supreme(Pat) 360 • India - Patna
SHIVAJI PANDEY, ANJANI KUMAR SHARAN
recorded under Section 164 of Cr.P.C. for the purpose of corroborating statements made by witnesses in committal court or even to ... contradict the same – As defence had no opportunity to cross-examine witnesses whose statements are recorded under Section 164 Cr.P.C ... (Paras 61, 62 and 67) Code of Criminal Procedure, 1973 – Sections 161 and 164 – Conviction of accused who comm....
2023 0 Supreme(Megh) 3 • India - Meghalaya
W. DIENGDOH
as well as the one recorded under Section 164 Cr.PC. ... Gurung, learned GA while submitting on behalf of the State respondent has laid stress upon the statement of the alleged victim recorded under Section 161 and 164 Cr.PC to say that the factum of rape, particularly by the appellant has been lucidly explained by the alleged ... It is well settled that the statement made under Section #HL_ST....
2023 Supreme(Online)(MEGH) 429 • India - High Court of Meghalaya
W. Diengdoh, J
(A) Indian Penal Code, 1860 - Section 376 - Criminal Procedure Code, 1973 - Section 374 - Appeal against conviction for rape - Appellant ... ... ... Issues: The main legal questions concerned the credibility of the victim's statement, the reliability of hearsay evidence ... (Paras 35 and 33) ... ... Facts of the case: ... The appellant was convicted based on the statement ... Gurung, learned GA while submitting on behalf of the State respondent has laid stress upon the s....
2022 0 Supreme(Ori) 336 • India - Orissa
SAVITRI RATHO
Rape - Conviction under Section 376 IPC - [RAPE] - [CRIMINAL LAW] - [Section 376 IPC] - The court confirmed the conviction of ... Final Decision: The court confirmed the conviction of the petitioner for the offence under Section 376 IPC and the sentence ... The prosecution presented evidence including witness testimonies, medical examination, and the victim's statement. ... Dash, learned counsel for the petitioner has submitted that the conviction o....
2015 0 Supreme(Gau) 1217 • India - Gauhati
INDIRA SHAH
statement of witnesses recorded under section as well as under section - Statement of witnesses under section or are not substantive ... Indian Penal Code, 1860 – Section 304 and 326 – Criminal Procedure Code, 1973 – Sections 313, 164, 161, ... of victim was available in case diary and neither FIR was properly proved nor dying declaration or statement of deceased recorded ... It ....
2025 0 Supreme(Gau) 1436 • India - IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
KAUSHIK GOSWAMI
(A) Protection of Children from Sexual Offences Act, 2012 - Section 10 - Criminal Appeal against conviction for sexual assault - ... The trial court's decision upheld due to lack of infirmity in the victim's statement. ... charged under Section 6. ... /appellant touching her thigh with sexual intent is inconsistent with her initial statement given before the Investigating Officer under Section 161 Cr.PC as well as her statement recorded#HL_....
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