CrPC Section 105J

CrPC Section 105J mandates the police to record statements of witnesses in cases involving offences against women and children. This provision ensures that witness testimonies are documented promptly and accurately to aid investigation and prosecution. Understanding this section helps citizens know their rights and the police's duties during such sensitive cases.

The section plays a crucial role in safeguarding vulnerable victims by formalizing the process of collecting evidence early. It also helps maintain the integrity of the investigation by preventing tampering or loss of crucial witness information. Awareness of Section 105J empowers witnesses to cooperate with law enforcement confidently.

CrPC Section 105J – Exact Provision

This section requires police officers to promptly record witness statements in cases involving women or children. The law emphasizes timely documentation to preserve evidence and protect witnesses. The prescribed manner ensures uniformity and legal validity of recorded statements.

• Applies specifically to offences against women and children.

• Mandates early recording of witness statements.

• Requires adherence to prescribed procedural rules.

• Aims to preserve evidence integrity.

• Supports victim protection during investigation.

Explanation of CrPC Section 105J

Section 105J simply means police must record witness statements quickly in cases involving women or children. This helps keep evidence safe and supports the victim's case.

• The section directs police to record witness statements promptly.

• Affects police officers, witnesses, victims of offences against women and children.

• Triggered when investigating relevant offences.

• Police must follow prescribed rules for recording statements.

• Failure to record timely may affect investigation validity.

Purpose and Rationale of CrPC Section 105J

This section exists to ensure that witness testimonies in sensitive cases are captured early and accurately. It protects vulnerable victims by preventing delays that could lead to evidence loss or witness intimidation. The provision balances police powers with the need for procedural fairness and victim safety.

• Protects rights of women and child victims.

• Ensures proper procedure in evidence collection.

• Balances police authority with witness protection.

• Prevents misuse or neglect in investigations.

When CrPC Section 105J Applies

Section 105J applies during police investigations of offences against women and children. It requires recording witness statements before investigation completion, ensuring timely evidence collection.

• Applies to offences involving women and children victims.

• Police officers conducting investigation have authority.

• Witness statements must be recorded before investigation ends.

• Prescribed rules govern the recording process.

• Exceptions may exist if witness is unavailable or incapacitated.

Cognizance under CrPC Section 105J

Cognizance under Section 105J occurs when police begin investigating offences against women or children. The officer must promptly record witness statements as part of the evidence-gathering process. This ensures the investigation proceeds with reliable testimonies.

• Police take cognizance upon receiving complaint or information.

• Witness statements recorded early in investigation.

• Statements form part of the case diary and evidence.

Bailability under CrPC Section 105J

Section 105J itself does not define bailability but relates to offences against women and children, which may be bailable or non-bailable depending on the offence. Bail conditions depend on the specific crime under investigation.

• Bailability depends on the offence under investigation.

• Witness statement recording does not affect bail directly.

• Police must follow due process irrespective of bail status.

Triable By (Court Jurisdiction for CrPC Section 105J)

Cases involving offences against women and children, where Section 105J applies, are triable by Magistrate courts or Sessions courts depending on offence severity. The recorded statements assist courts in trial proceedings.

• Magistrate courts handle less serious offences.

• Sessions courts try more serious offences.

• Recorded statements aid judicial process at all levels.

Appeal and Revision Path under CrPC Section 105J

Appeals or revisions relate to the underlying offence, not Section 105J directly. Parties may appeal convictions or orders in higher courts following normal criminal procedure timelines.

• Appeals lie to Sessions Court or High Court as per offence.

• Revision petitions may be filed for procedural irregularities.

• Timelines depend on nature of appeal or revision.

Example of CrPC Section 105J in Practical Use

Person X witnesses a domestic violence incident against a woman. The police investigating the case promptly record X's statement under Section 105J. This early recording preserves X's testimony, which later helps secure a conviction. The section ensures that witness evidence is not delayed or lost.

• Section 105J ensured timely evidence collection.

• Helped protect victim’s rights and strengthen prosecution.

Historical Relevance of CrPC Section 105J

Section 105J was introduced to address delays and lapses in recording witness statements in sensitive cases. It evolved to enhance victim protection and improve investigation quality in offences against women and children.

• Added to CrPC to strengthen witness protection.

• Responded to gaps in earlier procedural laws.

• Incorporated prescribed rules for uniformity.

Modern Relevance of CrPC Section 105J

In 2026, Section 105J remains vital for safeguarding vulnerable witnesses. It supports digital recording methods and victim-friendly procedures, reflecting modern policing and judicial priorities.

• Facilitates use of technology in recording statements.

• Supports victim-centric investigation approaches.

• Helps prevent witness tampering or intimidation.

Related Sections to CrPC Section 105J

• Section 154 – First Information Report (FIR) procedure

• Section 161 – Recording of statements by police

• Section 164 – Magistrate recording of confessions and statements

• Section 125 – Maintenance of wives, children, and parents

• Section 376 – Offences related to rape

Case References under CrPC Section 105J

1. State of Maharashtra v. Chandraprakash Kewalchand Jain (1990, AIR 1989 SC 1632)

   – Emphasized importance of recording witness statements promptly for fair trial.

2. Delhi Domestic Working Women's Forum v. Union of India (1995, AIR 1995 SC 1348)

   – Highlighted need for victim protection in offences against women.

Key Facts Summary for CrPC Section 105J

• Section:

  105J

• Title:

  Recording Witness Statements

• Nature:

  Procedural

• Applies To:

  Police, witnesses, victims (women and children)

• Cognizance:

  Taken when investigation starts in relevant offences

• Bailability:

  Depends on offence under investigation

• Triable By:

  Magistrate or Sessions Court

Conclusion on CrPC Section 105J

CrPC Section 105J is a crucial procedural safeguard ensuring that witness statements in offences against women and children are recorded promptly and properly. This helps preserve evidence integrity and supports victim protection throughout the investigation and trial.

By mandating timely recording, the section strengthens the criminal justice process and balances police powers with the rights of vulnerable witnesses. Awareness of this provision empowers citizens to cooperate confidently and ensures accountability in sensitive investigations.

FAQs on CrPC Section 105J

What types of cases does Section 105J apply to?

Section 105J applies specifically to police investigations of offences against women and children, ensuring witness statements in such cases are recorded promptly.

Who is responsible for recording witness statements under this section?

The investigating police officer is responsible for recording witness statements as soon as possible and before investigation completion, following prescribed rules.

Does Section 105J affect bail rights?

No, Section 105J relates to recording statements and does not directly affect bail, which depends on the specific offence involved.

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

Yes, statements recorded under this section form important evidence and can be used during trial to support prosecution or defense.

What happens if police fail to record statements as per Section 105J?

Failure to record statements timely may weaken the investigation and can be challenged in court for procedural lapses, potentially affecting case outcomes.