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  • Weightage of Statement under Section 164 CrPC - Main points and insights:
  • Statements recorded under Section 164 CrPC are given significant evidentiary weight as they are made on oath before a magistrate, often considered more reliable than prior statements (INDBOM00000001884, 00800056630).
  • Courts recognize the importance of Section 164 statements in establishing facts, especially in cases involving sexual offences, dowry harassment, or murder (00400060034, 01100075862, 01100046165).
  • However, some courts have expressed caution, noting that Section 164 statements are not substantive evidence per se and should be corroborated by other evidence (00800056630, 04300001372).
  • The weightage of Section 164 statements can influence case outcomes, such as discharge or conviction, but it is subject to overall evidentiary assessment (01100134763, 00500031620).

  • Analysis and Conclusion:

  • The general consensus is that while Section 164 CrPC statements are highly valuable and carry considerable weight, they are not infallible. Courts tend to treat them as a crucial piece of evidence that must be corroborated.
  • Proper evaluation involves considering whether the statement was made voluntarily, whether it is consistent with other evidence, and whether it was recorded correctly.
  • Ultimately, the weightage varies depending on the context and the case's specifics, but it remains a pivotal element in criminal prosecution and defense strategies.

References: - Dnyaneshwar Manjabapu Bange VS State of Maharashtra - Bombay - Gainda Lal, S/o Sh. Lekhraj vs State Govt Of NCT Of Delhi - Delhi - Gainda Lal VS State Govt. of NCT of Delhi - Crimes - Shakuntala VS State (G. N. C. T. of Delhi) - Delhi - State (NCT of Delhi) VS Vipin Sharma - Delhi - Shyam Sabar VS State of West Bengal - Calcutta - CLINTON BAPTIST FERNANDES vs STATE OF GOA THR. PUBLIC PROSECUTOR AND 2 ORS - Bombay - CLINTON BAPTIST FERNANDES vs STATE OF GOA THR. PUBLIC PROSECUTOR AND 2 ORS - Bombay - Giriprasad Babu son of Dasarath VS State ACB, Nizamabad Ranga, Nizamabad, Represented by its Spl. Public Prosecutor, High Court of Telangana, at Hyderabad - Telangana - Hare Ram Ram @ Hareram Kumar, S/o Rang Lal Ram vs State of Bihar - Patna

Search Results for "Weightage of Statement under Section 164 Crpc"

Dnyaneshwar Manjabapu Bange VS State of Maharashtra

2019 0 Supreme(Bom) 1267 India - Bombay

SADHANA S.JADHAV

Procedure Code, 1973 - Section 164 - General Clauses Act - Section 26 - Forcible Sexual Assault - Sexual Harassment - He used to ... jeep and sexually assaulted her in jeep as he had done earlier and then dropped her home - She has specifically stated so in her statement ... , 376B, 376C, 76D, 376Da, 376DB, 376E, 509 - Protection of Children from Sexual Offences Act, 2012 - Sections 4, 9, 42 - Criminal ... The statement under Section 164#HL....

Gainda Lal, S/o Sh. Lekhraj vs State Govt Of NCT Of Delhi

2025 0 Supreme(Del) 542 India - IN THE HIGH COURT OF DELHI AT NEW DELHI

NEENA BANSAL KRISHNA

This case involves a petition under Section 482 Cr.P.C. challenging the dismissal of a charge against the Respondents for dowry-related ... Thus, the court concluded that the previous rulings were justified based on the evidential assessment of the statements provided ... The court upheld that the allegations were vague and did not disclose any offences under Sections 498A or 304B IPC. ... Due weightage has not been given to the statement under Section 164#H....

Gainda Lal VS State Govt.  of NCT of Delhi

India - Crimes

NEENA BANSAL KRISHNA

Indian Penal Code, 1860 – Sections 498-A/304-B/34 – Criminal Procedure Code, 1973 – Section 482 read with ... quashing of proceedings would be justified – Only stating cruelty has been committed by Appellants, would not amount to offence under Section ... fulfilling their demands for money – ASJ had concluded that death was on account of natural reasons and discharged Respondents under Section ... Due weightage has not been given to the statement under Secti....

Shakuntala VS State (G. N. C. T. of Delhi)

2013 0 Supreme(Del) 2173 India - Delhi

S.P.GARG

appellant guilty under Section 304 Part-I IPC based on the dying declaration, witness testimonies, and the victim's consistent statement ... , witness testimonies, and the victim's consistent statement. ... acid attack - Criminal Law - Section 304 Part-I IPC - [Section 304 Part-I IPC] - The court examined the evidence and found the ... Since the injuries sustained by the appellant were not sufficient to cause death in the ordinary course of nature, it appears that PW-16 did not consider it fit to record....

State (NCT of Delhi) VS Vipin Sharma

2023 0 Supreme(Del) 1152 India - Delhi

SWARANA KANTA SHARMA

The Trial Court discharged the accused based on the victim's statement under Cr.P.C. 164. ... Consensual Relationship - Criminal Procedure - IPC 363, 376, POCSO Act 2012 - [IPC 363, IPC 376, POCSO Act 2012, Cr.P.C. 164] ... It is also stated that the Court concerned also failed to appreciate that the consent of a minor was of no consequence and the factum of the statement of victim under Section 164 of Cr.P.C. was given unnecessary ....

Shyam Sabar VS State of West Bengal

India - Calcutta

DEBASISH KAR GUPTA, MD.MUMTAZ KHAN

CRIMINAL APPEAL - CONVICTION - MURDER - SECTION 302 IPC - EVIDENCE ACT - SECTION 164 - HOSTILE WITNESS - SECTION 154 - EVIDENCE ... OF WITNESS - SECTION 174 - INVESTIGATION REPORT - MINOR DISCREPANCIES - SECTION 313 CRPC - EXAMINATION OF ACCUSED - BLOOD GROUP ... SECTION 505 - MINOR VARIATIONS OR INFIRMITIES - SECTION 536 - EVIDENCE OF HOSTILE WITNESSES - SECTION 624 - EVIDENCE OF WITNESS ... ... (iii) The learned....

CLINTON BAPTIST FERNANDES vs STATE OF GOA THR. PUBLIC PROSECUTOR AND 2 ORS

2024 Supreme(Online)(Bom) 3250 India - Bombay High Court

BHARAT P. DESHPANDE, J

Section 313 of IPC are also not made out in view of the statement under Section 164 before the Magistrate, the statement of Doctor and Consent form. ... The first statement was recorded on 25/03/2022 wherein she impleaded the accused. The statement under Section 164 of CrPC was recorded before the Magistrate on 30/03/2022 wherein the victim has completely exonerated the accused. ... In that matter, the st....

CLINTON BAPTIST FERNANDES vs STATE OF GOA THR. PUBLIC PROSECUTOR AND 2 ORS

2024 Supreme(Online)(Bom) 1748 India - High Court of Bombay

BHARAT P. DESHPANDE, J

(A) Indian Penal Code, 1860 - Sections 375, 313, and 201 - Discharge application - The Sessions Court's order to frame charges against ... recorded under oath were given more weight than earlier statements. ... 22) ... ... Facts of the case: ... The applicant challenged the rejection of his discharge application for charges under IPC sections ... It is necessary to note that the statement recorded under Section 164 of CrPC is on oath and that too before the Magistr....

Giriprasad Babu son of Dasarath VS State ACB, Nizamabad Ranga, Nizamabad, Represented by its Spl.  Public Prosecutor, High Court of Telangana, at Hyderabad

2021 0 Supreme(Telangana) 171 India - Telangana

B.VIJAYSEN REDDY

under Section 164 Cr.P.C. and Ex.P1 complaint unsustainable. ... Code, 1973 - Section 164 - Indian Penal Code, 1860 - Section 207 - Appeal against conviction - Fraudulent claim to property to prevent ... Prevention of Corruption Act, 1988 - Sections 7, 20, 13(1)(d) read with Section 13(2) - Criminal Procedure ... Apart from statement under Section 164 Cr.P.C, th....

Hare Ram Ram @ Hareram Kumar, S/o Rang Lal Ram vs State of Bihar

2025 Supreme(Online)(Pat) 671 India - IN THE HIGH COURT OF JUDICATURE AT PATNA

CHANDRA SHEKHAR JHA

Section 164 of the Cr.P.C. ... It is submitted that the statement recorded under Section 164 of the Cr.P.C. is not a substantial piece of evidence therefore weightage be given to the testimony of victim which recorded during the trial and, therefore, the convictions as recorded by learned trial court is ... He visited the place of occurrence and also got examined victim medically and recorded her statement under Section....

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