CrPC Section 105I
CrPC Section 105I details the procedure for police to record statements of victims or witnesses in certain cases.
CrPC Section 105I addresses the procedure for recording statements of victims or witnesses by the police during investigation. This section ensures that important testimonies are documented properly, preserving evidence and safeguarding the rights of those involved. Understanding this section helps citizens and law enforcement know how statements should be taken to maintain fairness and accuracy in criminal proceedings.
Proper recording of statements under Section 105I plays a crucial role in building a strong case and preventing tampering or loss of evidence. It also protects victims and witnesses by formalizing their accounts, which can be critical during trials. This section guides police officers on the correct method and timing for recording such statements.
CrPC Section 105I – Exact Provision
This provision mandates timely and proper recording of statements from victims or witnesses by the police during investigation. It emphasizes that statements must be taken in a prescribed format and signed by the declarant to ensure authenticity and reliability. This helps maintain the integrity of evidence and supports the judicial process.
Police must record statements promptly during investigation.
Statements should follow prescribed formats.
Victims or witnesses must sign their statements.
Ensures authenticity and reliability of evidence.
Supports fair trial and justice delivery.
Explanation of CrPC Section 105I
This section requires police to record statements of victims or witnesses quickly and properly during investigations. It ensures their accounts are documented accurately and legally.
The section mandates recording statements in a prescribed manner.
Affects victims, witnesses, and investigating officers.
Triggered when police investigate an offence.
Police must record and get signatures on statements.
Improper or delayed recording is not valid.
Purpose and Rationale of CrPC Section 105I
The section exists to protect the integrity of evidence by ensuring statements are recorded promptly and correctly. It balances the need for thorough investigation with safeguarding witness rights, preventing evidence tampering or loss.
Protects rights of victims and witnesses.
Ensures proper procedure in investigations.
Balances police powers with citizen protections.
Prevents misuse or alteration of statements.
When CrPC Section 105I Applies
This section applies whenever police investigate offences requiring victim or witness statements. It guides officers on timely and proper recording to maintain evidence quality.
Applies during police investigation of offences.
Police officers have authority to record statements.
Statements must be recorded as soon as possible.
Relevant for all courts handling criminal cases.
No exceptions for serious or minor offences.
Cognizance under CrPC Section 105I
Cognizance here refers to police recognizing the need to record statements during investigation. The officer must act promptly to document testimonies, which later form part of the case record for courts.
Police take cognizance upon starting investigation.
Statements recorded become evidence for trial.
Failure to record may affect case credibility.
Bailability under CrPC Section 105I
Section 105I itself does not define bailability as it deals with procedural recording of statements, not offences. Bailability depends on the offence under investigation, not this section.
Bail depends on the offence, not this section.
Section ensures evidence collection, not arrest rules.
Practical bail decisions consider statement contents.
Triable By (Court Jurisdiction for CrPC Section 105I)
Cases involving statements recorded under Section 105I are tried by courts competent for the offence investigated. This section does not create separate jurisdiction but supports evidence collection.
Trial court depends on offence nature.
Statements form part of evidence at trial.
Both Magistrate and Sessions courts may be involved.
Appeal and Revision Path under CrPC Section 105I
Appeals relate to the final judgment of the case, not directly to Section 105I. However, improper recording of statements can be challenged in appeals or revisions during trial proceedings.
Appeals follow normal criminal procedure hierarchy.
Revision possible if statement recording is flawed.
Timelines depend on trial court orders.
Example of CrPC Section 105I in Practical Use
Person X witnesses a theft and reports to police. The investigating officer promptly records X's statement in the prescribed format and obtains X's signature. This recorded statement helps establish facts during trial, ensuring X's testimony is officially documented and protected.
Section ensured timely and proper recording of witness statement.
Key takeaway: Accurate documentation supports justice.
Historical Relevance of CrPC Section 105I
This section was introduced to formalize the recording of victim and witness statements, addressing past issues of delayed or informal documentation. It reflects evolving standards for evidence preservation in Indian criminal law.
Introduced to improve evidence recording procedures.
Amended to include prescribed formats and signatures.
Enhanced witness protection over time.
Modern Relevance of CrPC Section 105I
In 2026, Section 105I supports digital and standardized recording of statements, improving transparency and reducing disputes over evidence authenticity. It aligns with modern policing and judicial expectations for reliable testimony.
Supports digital recording methods.
Ensures transparency in investigations.
Reduces chances of evidence tampering.
Related Sections to CrPC Section 105I
Section 161 – Recording of statements by police
Section 164 – Magistrate recording confessions and statements
Section 173 – Police report submission
Section 41 – Arrest without warrant
Section 154 – Information to police and their duties
Case References under CrPC Section 105I
- State of Maharashtra v. Chandraprakash Kewalchand Jain (1990, AIR 1990 SC 1390)
– Emphasized importance of proper recording of statements during investigation.
- Ram Singh v. State of Haryana (2005, 3 SCC 726)
– Highlighted procedural safeguards in recording witness statements.
Key Facts Summary for CrPC Section 105I
- Section:
105I
- Title:
Recording Statements of Victims or Witnesses
- Nature:
Procedural
- Applies To:
Police, Victims, Witnesses
- Cognizance:
Taken by police during investigation
- Bailability:
Not applicable
- Triable By:
Magistrate or Sessions Court depending on offence
Conclusion on CrPC Section 105I
CrPC Section 105I plays a vital role in ensuring that victims' and witnesses' statements are recorded promptly and correctly during police investigations. This procedural safeguard helps maintain the integrity of evidence and supports the fair administration of justice.
By mandating prescribed formats and signatures, the section protects the rights of those providing testimony and strengthens the criminal justice process. Citizens and law enforcement alike benefit from clear guidelines that prevent evidence tampering and promote transparency in investigations.
FAQs on CrPC Section 105I
What is the main purpose of CrPC Section 105I?
Its main purpose is to ensure police record statements of victims or witnesses promptly and properly during investigations, preserving evidence and protecting rights.
Who must sign the statements recorded under this section?
The victim or witness providing the statement must sign it to confirm authenticity and agreement with the recorded content.
Does Section 105I apply to all types of offences?
Yes, it applies whenever police investigate offences requiring victim or witness statements, regardless of offence severity.
Can improper recording of statements affect a trial?
Yes, if statements are not recorded properly or timely, it can weaken evidence and be challenged in court.
Is Section 105I related to bail or arrest procedures?
No, this section deals only with recording statements and does not govern bail or arrest rules.