bonafied (assistant) 05 September 2025

164 statement validity

In 164 statement it was mentioned "victim stated before me and it was computerized to my dictation and read over explained to the victim. The victim understands Kannada language as well. She has understood and stated the statements as correct and true facts."

During cross when asked whether victim can understand Kannada the victim said she doesn't understand Kannada and cannot read it as well.

So can court rely on the 164 statement to corroborate witness testimony?

Should I highlight this part during arguments?

If I show 164 statement to PW1 during cross there is chance of giving some explanation which would ruin the case.

Reply Follow

2 Replies

Advocate Bhartesh goyal (advocate) 06 September 2025

Victims statement under sec 164 Cr.P.C is recorded and signed before Judicial Magistrate so validity of such statement can not be challenged later on.

T. Kalaiselvan, Advocate (Advocate) 06 September 2025

If the victim denies knowledge of a Section 164 statement during cross-examination, the statement's validity as substantive evidence is compromised, but it can still be used by the prosecution to contradict the victim's in-court testimony under Section 145 of the Evidence Act.

The defense can challenge the statement's voluntariness, authenticity, or reliability, and the court will assess these objections to determine its credibility and weight.

The purpose of a Section 164 statement is to deter the witness from changing their stand and to ensure a voluntarily given account, though the court must ensure the witness was confronted with the statement and its contents proved.

If the witness contradicts the cntents of the statement during cross examination then statement cannot be used as primary proof of the facts it contain.

The victim must be confronted with the statement and its contents must be proved in court, as the magistrate who recorded it cannot vouch for its veracity.

The defense can raise objections regarding the statement's voluntariness, authenticity, or reliability.

The court will then examine these objections and the circumstances of the case to determine the statement's credibility and reliability.