Case Repository

The high court issued interim directions to all the police stations for the recording of 164 statement: The investigating officer should preferably be female. The IO shall take immediate steps to take the prosecutrix to a female MM magistrate for the recording of the 164 statement, within 24 hours. In case the time period is…

Para 1, 2, 9; Page 1, 3

The court, in this case, analysed the procedure to record 164 statements of the victim/witness i.e- once the magistrate records a 164 statement, a record of the statement should be sent to the investigating officer and the jurisdictional court. The statement should not be made public. The court also observed that the term “Magistrate” under…

Para 17, 21, 24, 28, 44, 48, 50, 51; Page 8-10, 14-17

There is a need to create a conducive environment to encourage vulnerable witnesses to make their statements. Screens or a similar arrangement must be made to ensure that they don’t see the face or body of the accused. Questions for cross examination must be given in writing to the presiding officer of the Court who…

Para 10; Page 2

Guidelines laid down specifically for recording of evidence of in cases of child sexual abuse:(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in cross-examination on behalf…

Para 1, 34; Page 1, 18.1

Provisions of the POCSO reiterated by the court: The child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in Court and may…

Para 2, 15, 17, 19, 22; Page 1, 3, 4