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Arvind Singh Chauhan (advocate)     07 October 2010

376 IPC

16 year 4 months old girl eloped with a major boy. Later both were caught by police. Boy  is charged with 376. Girl has convinced the accused's relative that she has told in her satement under 164 that she gone with the boy with her own will.

Now the girl is in NARI NIKETAN and boy is under judicial custody.

Whether girls' statement under 164 may be called at the stage of bail?

Whether she can be called before court at the stage of bail?

If Yes please guide.


 7 Replies

M. A. Khan (advocate)     07 October 2010

Her statement will be a part of chargesheet.  The girl is not necessry to be called at the stage of bail. However, her statement can be read during argument. 

Vijayendra Navale (Advocacy )     07 October 2010

I will go with Khan sir.

DEEPAK ASSOCIATES (08010117611)     08 October 2010

Absolutely the statement of Girl can be read during the bail agrument. The girl at her own come to the court during bail proceeding upon move the application.

One question is arise that who made the  complaint against you. The relative of girl or the police himself caught you both.

Arvind Singh Chauhan (advocate)     08 October 2010

Thanks to all leraned members. How can I put her statement under 164 Cr.P.C before court, as it is confidential. We only presume that she would have told the truth before the magistrate, as she informed after statement. Another question is she is at Nari Niketan How can she herself appear before court.

One thing more which I want to ask is age factor, she is minor or major?

Arvind Singh Chauhan (advocate)     08 October 2010

Relative of girl is complainant. Thanks a lot for helping hand.

Jatin Sapra 9312223345,Delhi (Advocate)     08 October 2010


First thing i want to tell you that you can not read 164 Cr. PC statement but you can argu this before the court that the  prosecutrix is not supporting the version of prosecution and much more she is more then 16 yrs hence according to Delhi high court juudgements 16 yrs girl is matured enough and you will get the benefit of 164 in trial also.

Arvind Singh Chauhan (advocate)     08 October 2010

Thanks a lot Jatin Sir would please refer the citation of Delhi HC judgment.

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