A statement under Section 164 of the Code of Criminal Procedure (CrPC) is a recorded statement made before a magistrate by a victim, witness, or accused during a criminal investigation. This statement is crucial in legal proceedings as it serves as evidence in court and ensures that statements made during the investigation are documented properly.
• To record the voluntary statement of victims and witnesses before a magistrate.
• To prevent later changes or retractions in statements.
• To ensure that statements are free from police coercion.
• To protect victims, especially in sensitive cases such as sexual offenses and domestic violence.
• To provide an official record that can be used during the trial.
• Victims – In cases such as rape, sexual assault, or domestic violence.
• Witnesses – Individuals who have knowledge of the crime and can provide relevant information.
• Accused – If they voluntarily wish to confess, provided the confession is not forced or made under pressure.
1. Investigation and Request for Statement
o During an investigation, the police may approach a magistrate to record a victim’s or witness’s statement under Section 164 CrPC.
o The victim or witness may also request the magistrate to record their statement.
2. Appearance Before Magistrate
o The victim, witness, or accused is brought before a Judicial Magistrate.
o The magistrate ensures that the person is giving the statement voluntarily and without any pressure.
3. Recording of Statement
o The magistrate records the statement in writing or through audio-video means.
o In cases involving minors, the statement must be recorded in a child-friendly manner.
o If the statement is a confession by an accused, the magistrate provides sufficient time for reflection to ensure it is voluntary.
4. Signature and Verification
o The person giving the statement signs it after verifying its correctness.
o The magistrate also signs the statement to authenticate it.
5. Use of the Statement in Court
o The statement is kept confidential and used as evidence during the trial.
o If a witness or victim later retracts their statement in court, their previous CrPC 164 statement may be used for contradiction.
• It strengthens the prosecution’s case by providing official recorded evidence.
• It protects victims and witnesses from external threats and pressure.
• Confessions made under this section hold legal value if proved to be voluntary.
• In sexual offense cases, the victim’s statement recorded under Section 164 CrPC is often crucial in securing conviction.
Yes, a statement recorded under Section 164 CrPC is not a binding confession or testimony. A witness or victim can later retract their statement in court. However:
• If a false statement is given, it can lead to prosecution under Section 191 & 193 IPC for perjury.
• If an accused confesses under Section 164 CrPC but later denies it in court, the confession may still be considered as evidence if corroborated with other facts.
• Statements of rape victims and minor victims under POCSO Act are recorded in private or through video conferencing to ensure safety.
• The magistrate must ensure that the victim or witness is not under any pressure.
• Legal aid and psychological support may be provided to victims during statement recording.
Vakil360 provides professional legal assistance in cases requiring statements under Section 164 CrPC. Our services include:
• Legal consultation for victims and witnesses before giving a statement.
• Assistance in coordinating with the magistrate for statement recording.
• Representation in court to ensure the statement is considered effectively.
• Protection measures for victims and witnesses facing threats or intimidation.
