CrPC Section 105G

CrPC Section 105G addresses the recording of statements by witnesses in cases related to offences against women and children. This provision ensures that witness testimonies are documented promptly and accurately, helping to preserve crucial evidence. Understanding this section is vital for victims, witnesses, police officers, and legal practitioners to ensure proper procedure is followed.

The section plays a key role in safeguarding the rights of vulnerable victims by mandating timely recording of statements. It also helps in preventing tampering or loss of evidence, thereby strengthening the criminal justice process. Readers should be aware of how this section operates within the broader framework of the CrPC.

CrPC Section 105G – Exact Provision

This section mandates that when a witness provides a statement in offences involving women and children, the police must record it promptly. The presence of a Magistrate or an authorized officer ensures the statement's authenticity and legal validity. This procedure helps protect the witness from intimidation and preserves the integrity of evidence.

• Applies specifically to offences against women and children.

• Requires prompt recording of witness statements.

• Mandates presence of Magistrate or authorized officer during recording.

• Aims to preserve evidence and protect witnesses.

Explanation of CrPC Section 105G

This section requires police to quickly record witness statements in sensitive cases involving women and children. It ensures statements are taken under official supervision to maintain credibility.

• The section says police must record witness statements promptly.

• Affects witnesses, police, and magistrates in relevant cases.

• Triggered when offences against women or children are reported.

• Allows recording only in presence of Magistrate or authorized officer.

• Prohibits informal or delayed recording that may compromise evidence.

Purpose and Rationale of CrPC Section 105G

The section exists to protect vulnerable witnesses by ensuring their statements are recorded quickly and officially. It helps prevent evidence tampering and witness intimidation, balancing police powers with witness rights.

• Protects rights of women and child witnesses.

• Ensures proper legal procedure in recording evidence.

• Balances police authority with witness protection.

• Prevents misuse or delay in recording statements.

When CrPC Section 105G Applies

This section applies when offences against women or children are reported and witnesses need to give statements. Police and magistrates must follow this procedure to ensure valid evidence collection.

• Conditions: Offences involving women or children.

• Authority: Police officers, Magistrates, or authorized officers.

• Involves courts or magistrates for supervision.

• No specific time limit but requires prompt action.

• Exceptions if witness unable to appear due to valid reasons.

Cognizance under CrPC Section 105G

Cognizance is taken when police receive information about offences against women or children. The police then record witness statements under supervision, which forms part of the case record for further proceedings.

• Police initiate recording upon receiving complaint.

• Magistrate or authorized officer supervises statement recording.

• Statements become evidence for trial and investigation.

Bailability under CrPC Section 105G

Section 105G itself does not specify bailability but relates to offences where bailability depends on the nature of the crime. Generally, offences against women and children may involve non-bailable offences depending on severity.

• Bail depends on the specific offence involved.

• Police must follow due process regardless of bail status.

• Witness protection during bail proceedings is crucial.

Triable By (Court Jurisdiction for CrPC Section 105G)

Cases involving offences against women and children are triable by Magistrate courts or Sessions courts depending on offence severity. The recorded statements under Section 105G are used as evidence in these courts.

• Magistrate courts handle preliminary trials.

• Sessions courts try serious offences.

• Statements recorded under 105G are admissible evidence.

Appeal and Revision Path under CrPC Section 105G

Appeals against orders or judgments in cases involving Section 105G statements follow the usual criminal appeal hierarchy. Revisions can be sought in higher courts if procedural lapses occur during recording or trial.

• Appeals to Sessions Court or High Court as applicable.

• Revisions possible for procedural errors.

• Timelines depend on offence and court rules.

Example of CrPC Section 105G in Practical Use

Person X reports a case of domestic violence against a woman. The police promptly record the statements of witnesses in the presence of a Magistrate. This ensures the evidence is reliable and admissible, protecting the victim’s rights and aiding investigation.

• Section ensured timely and official recording of evidence.

• Key takeaway: Protects witness rights and strengthens case validity.

Historical Relevance of CrPC Section 105G

This section was introduced to address delays and irregularities in recording witness statements in sensitive cases. It reflects evolving legal standards to protect vulnerable groups and improve criminal procedures.

• Added to enhance witness protection.

• Amended to include authorized officers besides Magistrates.

• Part of broader reforms for women and child justice.

Modern Relevance of CrPC Section 105G

In 2026, Section 105G remains crucial for safeguarding witness evidence in crimes against women and children. It supports digital recording and remote supervision to adapt to modern policing challenges.

• Supports use of technology for recording statements.

• Ensures witness protection in sensitive cases.

• Balances speedy justice with procedural safeguards.

Related Sections to CrPC Section 105G

• Section 164 – Recording of confessions and statements by Magistrate

• Section 154 – Information to police and their duties

• Section 161 – Examination of witnesses by police

• Section 173 – Report of police officer on completion of investigation

• Section 195 – Prosecution for offences against public justice

Case References under CrPC Section 105G

1. State of Maharashtra v. Praful B. Desai (1996, AIR 1997 SC 3226)

   – Emphasized importance of recording statements properly to ensure evidence reliability.

2. Vijay Kumar v. State of Haryana (2018, 6 SCC 1)

   – Highlighted procedural safeguards in recording witness testimonies in sensitive cases.

Key Facts Summary for CrPC Section 105G

• Section:

  105G

• Title:

  Recording Witness Statements

• Nature:

  Procedural

• Applies To:

  Police, Magistrate, Witnesses

• Cognizance:

  Upon receiving complaint of offences against women/children

• Bailability:

  Depends on offence involved

• Triable By:

  Magistrate/Sessions Court

Conclusion on CrPC Section 105G

CrPC Section 105G plays a vital role in the criminal justice system by ensuring that witness statements in cases involving women and children are recorded promptly and under proper supervision. This safeguards the integrity of evidence and protects vulnerable witnesses from intimidation or coercion.

By mandating official presence during recording, the section strengthens the reliability of testimonies, which is crucial for fair trials. Understanding this provision helps citizens and law enforcement appreciate the balance between efficient investigation and witness protection.

FAQs on CrPC Section 105G

What types of cases require recording under Section 105G?

Section 105G applies to offences against women and children, such as domestic violence, sexual offences, and child abuse. It ensures witness statements in these sensitive cases are recorded promptly and officially.

Who must be present when recording statements under this section?

The police must record witness statements in the presence of a Magistrate or an officer authorized by the Magistrate to ensure the statement’s authenticity and legal validity.

Does Section 105G affect the bailability of accused?

No, Section 105G deals with recording statements and does not directly affect bailability. Bail depends on the nature of the offence involved.

Can witness statements recorded under Section 105G be used in court?

Yes, statements recorded under Section 105G are admissible as evidence in court, provided they are recorded following the prescribed procedure.

What happens if the police delay recording the witness statement?

Delays can lead to questions about the statement’s reliability and may affect the investigation. Section 105G requires prompt recording to prevent tampering or loss of evidence.