"Victim's Trauma Doesn't End With Rape" - Bombay High Court Recommends Amendment To Give Victim's 164 Statement The Status Of Examination-In-Chief
3 years, 9 months ago

"Victim's Trauma Doesn't End With Rape" - Bombay High Court Recommends Amendment To Give Victim's 164 Statement The Status Of Examination-In-Chief

Live Law  

In a significant ruling, The Bombay High Court has urged the State and Central Governments, to bring amendments under relevant laws and give statements recorded before a magistrate under section 164 of the CrPC, the status of examination-in-chief. Position of Law The bench mentioned that a "section 164 Statement can be used only for the purpose of corroboration or contradiction and it cannot be treated as substantive evidence." The Court noted an amendment was made to Section 164 of the CrPC, by introducing sub-section and which gives a 164 Statement, the status of examination- in- chief, in case of mentally or physically disabled. The Court further said that section 26 of the Protection of Children from Sexual Offences Act, 2012 speaks about audio video graphic exercise of recording the victim's statement, and there are safeguards under section 24 and 25 of the Act, still we have got no provision wherein the statement under section 164 of Cr.P.C. On CORROBORATION The Bench observed that the trial court could not have relied on the victims 164 statement to convict the accused, calling it "corroborative evidence," in the absence of her testimony.

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History of this topic

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement
1 week, 4 days ago

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement

Live Law  

In order to fully grapple with the issue, it may be necessary to closely examine the wordings of the relevant portions of Section 162 Cr.P.C. S.162 Cr.P.C., 1973 S.181 BNS, 2023 162: Statements to police not to be signed: Use of statements in evidence No statement made by any person to a police officer in the course of an investigation …

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC
10 months, 3 weeks ago

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC

Live Law  

The Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A of the Criminal Procedure Code would offend Article 21 of the Constitution.A single bench of Justice Moushumi Bhattacharya sitting at the High Court's Circuit Bench at Port Blair held:It is clear from the facts of the. The Calcutta High Court has held …

Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court
1 year, 4 months ago

Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court

Live Law  

The Gauhati High Court recently acquitted two persons who were convicted for the offence of penetrative sexual assault on a minor under Section 4 of POCSO Act on the ground that even though father of the victim had lodged the FIR, he did not alleged any sexual offence. Although uncorroborated evidence of prosecutrix is sufficient evidence against the perpetrators, yet …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 7 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 11 months ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
1 year, 11 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

Rape Accused Has No Right To Demand In-Camera Hearing : Supreme Court Dismisses Tarun Tejpal's Plea
2 years, 1 month ago

Rape Accused Has No Right To Demand In-Camera Hearing : Supreme Court Dismisses Tarun Tejpal's Plea

Live Law  

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha on Monday, dismissed Journalist Tarun Tejpal's plea for in-camera hearing in rape case appeal.Tejpal, co-founder and former Editor-in-Chief of Tehelka Magazine was accused of forcing himself on his junior colleague inside an elevator of the Grand Hyatt, Bambolim, Goa on November 7 and 8, 2013, during. Supreme Court …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court
2 years, 2 months ago

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court

Live Law  

The Supreme Court reiterated that a rape victim's statement made under Section 164 CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.The bench of CJI UU Lalit and Justice Bela M. Trivedi was considering a contempt petition which highlighted violation of mandatory directions issued in State of Karnataka by Nonavinakere Police vs. The …

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 3 months ago

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

Live Law  

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 5 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court
2 years, 11 months ago

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

Live Law  

The Supreme Court observed that discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC cannot be a ground for discharge without initiation of trial.Such discrepancies may be a defence during the trial, the bench comprising Justices Indira Banerjee and JK Maheshwari noted.In this case, a charge sheet was filed implicating the accused under various sections …

Omission To Record Statement Of Accused Under Section 242 CrPC Not Fatal: J&K High Court
3 years, 5 months ago

Omission To Record Statement Of Accused Under Section 242 CrPC Not Fatal: J&K High Court

Live Law  

The Jammu & Kashmir High Court has held that in the absence of any prejudice to the accused or demonstrated failure of justice, omission to record his statement under Section 242 of CrPC cannot be held to be fatal to the validity of the trial. The Court noted, "The petitioner has not been able to demonstrate as to how omission …

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case
4 years, 2 months ago

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case

News 18  

New Delhi: The Delhi High Court on Wednesday set aside a sessions court order rejecting the plea of Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia to provide the statement of one of the witnesses in the case related to alleged assault of then chief secretary Anshu Prakash in 2018. "Consequently, the trial court is directed to consider the …

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC
4 years, 3 months ago

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC

Live Law  

The Supreme Court on Thursday set aside the Allahabad High Court order which had allowed former Union Minister and BJP leader Chinmayand to seek a certified copy of the statement of the victim recovered under Section 164 of the Code of Criminal Procedure. A Bench headed by Justice UU Lalit dictated the Order and stated that the appeal filed by …

Circumstances Not Put To An Accused Under Section 313 CrPC Cannot Be Used Against Him: SC [Read Judgment]
4 years, 3 months ago

Circumstances Not Put To An Accused Under Section 313 CrPC Cannot Be Used Against Him: SC [Read Judgment]

Live Law  

The circumstances not put to an accused under Section 313 of the Code of Criminal Procedure cannot be used against him, and must be excluded from consideration, the Supreme Court has observed.While acquitting a rape accused, the bench headed by Justice RF Nariman reemphasized the importance of putting all relevant questions to an accused under Section 313 Code of. While …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
5 years, 9 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

Live Law  

P R O L O G U E What prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. In the case on hand, the argument is with reference to statement given by PW2, a child witness to the Magistrate …

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