Statement under section 164 crpc

inderjeet (Querist) 21 June 2020 This query is : Resolved
I am victim/complainant and want to give statement under section 164 before Magistrate. My query is do I have to state all I have mentioned in FIR and how to proceed.

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Raj Kumar Makkad (Expert) 21 June 2020
Such statement cannot be got recorded directed before magistrate. You need to lodge FIR and if investigating officer thinks fit to get your statement recorded before the magistrate under section 164 Cr. PC, he shall get this done by following the settled procedure.

K Rajasekharan (Expert) 22 June 2020
If you are a victim of a women related offence like rape, outraging modesty etc, the Magistrate is duty bound to record your 164 statement immediately on lodging of the FIR. It is not a matter of discretion of police in such cases since the year 2013.

What you have to state is the entire gamut of facts and circumstances of the offence committed on you by the accused.

The 164 statement has no much evidentiary value as many people, including some District Judges, would think. It can be used for corroboration in addition to contradiction.

The High Court of Kerala recently asked the state judicial academy to give training on recording of 164 statements to district judges as some courts rely on such statements unduly for conviction.

Any person acquainted with the facts can request the Magistrate to record his 164 statement but the Magistrate has enough discretion to refuse to record it.

A write up by me on the legal implications relating to 164 statements is there at http://lawwatch.in/2020/03/14/164%20statement/

Dr J C Vashista (Expert) 22 June 2020
What is the offence allegedly committed upon you for which you have lodged a complaint ?
Whether the police have registered FIR against the complaint ? If so, the IO shall decide whether your statement is required (by law) to be recorded u/s 164 or 161 CrPC, you need not worry / teach.

Rajendra K Goyal (Expert) 22 June 2020
Section 164 in The Code Of Criminal Procedure, 1973
164. Recording of confessions and statements.
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:-" I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B. Magistrate".
(5) Any statement (other than a confession) made under sub- section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

Rajendra K Goyal (Expert) 22 June 2020
What is the crime?
Whether FIR lodged?
Please state clear material facts of the case?

inderjeet (Querist) 22 June 2020
FIR lodged for sexual assault and outraged modesty of woman. Statement given under section 161. Now to give statement under section 164 by Complaintant/victim. Do I have to state word to word as mentioned in FIR. Further police says it is important to give statement under section 164 before Magistrate.

Dr J C Vashista (Expert) 22 June 2020
Statement of a complaint in any FIR registered for the offence of "sexual assault and outraged modesty of woman" has to be mandatarily recorded u/s 164 CrPC by a Magistrate and not u/s 161 CrPC by IO as stated by you.
Are you the complainant ? What is your locus standi ?

Raj Kumar Makkad (Expert) 22 June 2020
Your name shows you as male so the alleged offence seems not committed with you. Initially also I had read your name and had even gone to your profile page and had found you male so if your profile is correct then question of the aforesaid offence cannot be held to be committed with you and you are not victim, however, if the profile is fake and you are really victim then IO is bound to get your statement recorded within 24 hours of the said complaint.

inderjeet (Querist) 24 June 2020
Thanks all concerned advocates

Raj Kumar Makkad (Expert) 25 June 2020
You are always welcome inderjeet.

Rajendra K Goyal (Expert) 25 June 2020
You are welcome, may revert in case of any further query on the topic.

inderjeet (Querist) 02 July 2020
Complainant/victim given statement u/a 161 before police. My query is that in statement under section 164 same version of statement to be repeated or something additional can be added.

Rajendra K Goyal (Expert) 03 July 2020
If the complaint in its statement before Magistrate does not repeat the facts mentioned before police, witness may be declared as hostile.

inderjeet (Querist) 03 July 2020
Dear Experts if I want to add more before Magistrate which missed out before police can I repeat before Magistrate.

Rajendra K Goyal (Expert) 04 July 2020
Depend on the matter what you want to add new. Discuss in detail with local lawyer.