Thursday, 12 November 2026

Supreme Court: Statements of witnesses recorded under S 164 of CRPC are not substantive evidence

 16. Section 157 of the Evidence Act makes it clear that a statement recorded under Section 164 Code of Criminal Procedure, can be relied upon for the purpose of corroborating statements made by witnesses in the Committal Court or even to contradict the same. As the defence had no opportunity to cross-examine the witnesses whose statements are recorded under Section 164 Code of Criminal Procedure, such statements cannot be treated as substantive evidence.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1774 of 2010

Decided On: 04.02.2013

R. Shaji Vs. State of Kerala

Hon'ble Judges/Coram:

B.S. Chauhan and V. Gopala Gowda, JJ.

Author: B.S. Chauhan, J.

Citation: 2013 INSC 72, MANU/SC/0087/2013,(2013) 14 SCC 266,AIR 2013 SC 651.

Read full judgment here: Click here.


Print Page

No comments:

Post a Comment