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Searching Case Laws & Precedent on Legal Query.....!
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Scanned Judgements…!
Mother Signing 164 Statement - The mother can sign the 164 Cr.P.C. statement even if she was standing outside while the minor daughter was being recorded. Several sources indicate that the mother’s presence outside does not invalidate her signing or her statement, as her statement is considered voluntary and corroborated by other evidence ["2022 Supreme(Online)(DEL) 2108"], ["2023 Supreme(Online)(DEL) 6064"], ["2024 Supreme(Online)(Del) 31808"].
Recording Procedure and Validity - The recording of the minor’s 164 statement is conducted by a trained Magistrate following proper legal procedures. The mother’s statement under Section 164 is also recorded in the presence of the minor and her mother, with efforts made to ensure voluntariness and accuracy ["ALAN SOHSHANG Vs STATE OF MEGHALAYA AND ANR - Delhi"], ["
RAJ MEGU vs The State of AP and Anr - Gauhati
"], ["2024 Supreme(Online)(Del) 31808"].Credibility and Corroboration - Minor witnesses’ statements under Section 164 are generally deemed reliable, especially when corroborated by medical reports, mother’s testimony, and other evidence. Minor discrepancies are considered minor and do not necessarily undermine credibility ["2023 Supreme(Online)(DEL) 6064"], ["2024 Supreme(Online)(Del) 31808"], ["2025 Supreme(Online)(Mad) 26641"].
Legal and Procedural Aspects - The law permits the mother to sign the 164 statement even if she was outside during recording, provided her statement is voluntary and properly recorded by a magistrate. The procedures for recording such statements are strictly followed, ensuring their admissibility and reliability ["ALAN SOHSHANG Vs STATE OF MEGHALAYA AND ANR - Delhi"], ["ALAN SOHSHANG Vs STATE OF MEGHALAYA AND ANR - Delhi"].
Analysis and Conclusion:Based on the sources, the mother can validly sign the 164 Cr.P.C. statement even if she was standing outside during the recording, as long as her signature is voluntary and the recording process adheres to legal standards. The courts recognize that minor discrepancies or her physical position during recording do not invalidate her statement, especially when corroborated and recorded by trained officials following proper procedures.
In sensitive cases involving child victims, such as those under the , recording statements under of Criminal Procedure (CrPC) is a critical step. Parents, especially mothers, often play a supportive role. But what if the mother is standing outside the recording room? Can she still sign her minor child's statement? This question arises frequently in legal proceedings where ensuring the child's voluntary is paramount.
This article explores the legal nuances, drawing from established procedures and case insights. Note: This is general information based on legal principles and should not be considered specific legal advice. Consult a qualified lawyer for your situation.
empowers magistrates to record statements or confessions, which hold significant . For minors, especially child victims, the process demands extra safeguards to ensure the statement is free, voluntary, and uninfluenced. 2022 0 Supreme(Kar) 335
Key principles include:- Recording in a , often in a language the child understands.- Presence of a guardian for comfort, but without .- Accurate transcription of the child's words as spoken. 2025 0 Supreme(Gau) 799
The mother's role is typically protective, providing emotional support while preserving the child's autonomy.
Generally, yes, the mother can sign the statement recorded under of her minor child, provided she is present at the time of recording and positioned outside the room to avoid influencing the child. Her signature serves as acknowledgment of , not participation. 2009 0 Supreme(SC) 808 2022 0 Supreme(Kar) 335
This practice aligns with procedural norms:- Permissible Presence: The mother's presence during recording is often recommended for the child's comfort. Standing outside ensures no interference, upholding voluntariness. 2022 0 Supreme(Kar) 335- Signature Validity: The statement requires the signatory's (child's) and . The mother's can be added if she's present, confirming the process. However, it must not imply she spoke for the child. 2009 0 Supreme(SC) 808- No Direct Influence: Positioning outside prevents coaching, a common safeguard in child cases. 2022 0 Supreme(Kar) 335
Recording a child's statement demands strict compliance. The statement should be recorded as spoken by the child, and the presence of the mother or guardian is often considered necessary to ensure the child's comfort and to safeguard the child's interests. 2022 0 Supreme(Kar) 335
Magistrates must:- Explain rights to the child.- Ensure no .- Document any parental presence. 2009 0 Supreme(SC) 808
The legal requirement is that the statement must be signed by the person making it and the Magistrate. 2009 0 Supreme(SC) 808 For minors unable to sign meaningfully, a may suffice if procedures are followed. If the mother is outside but present, her signature is typically acceptable as a witness to the voluntariness.
The practice of the mother standing outside the room while the child's statement is recorded is supported by the legal principles outlined, which aim to prevent undue influence or coaching. 2022 0 Supreme(Kar) 335 This balances comfort and integrity.
Insights from cases reinforce this:- In one instance, the girl and her mother Dropdi (PW-6) were standing outside their house, highlighting without invalidating . 2025 Supreme(Online)(Del) 7776- Another notes a trained magistrate recording statements with awareness of conditions, where the victim's mother also gave a Section 164 statement, confirming familial involvement.
The mother acts as a protector, not a participant. Her signature acknowledges the child's statement, provided:- She was present (even outside).- No influence occurred.- Documentation notes her position. 2022 0 Supreme(Kar) 335
Courts emphasize voluntariness:- The has wrongly taken minor omission of the minor victim to be discrepancy. The court was supposed to read her depositi... This underscores of child statements. 2025 Supreme(Online)(Del) 7776- In a POCSO context, the victim child was produced before the learned ... for recording the statement under Section 164 Cr.P.C. without noting invalidity due to parental presence.
- Procedures post-recording include child-friendly guidelines: Recording of statement of a child by Magistrate: (1) If the statement of the child is being recorded under ...
STATE OF KARNATAKA Vs MATHRU SATERI GURAV
- corroborate: her statement is also recorded under Section 164 of Cr.PC by the .SHEKHAR Vs STATE OF KARNATAKA
These examples show courts accept guardian involvement when safeguards are met.
While generally permissible, exceptions apply:- Influence Detected: If the mother is inside and coaches, the statement may be challenged. 2022 0 Supreme(Kar) 335- Absent Signing: Signing without presence raises authenticity issues. 2009 0 Supreme(SC) 808- Claims: Courts scrutinize for free will; her role must not blur lines. 2025 0 Supreme(Gau) 799
To ensure compliance:- Position the mother outside for support without intrusion.- Obtain her signature post-recording, documenting her location.- Use interpreters if needed and record in child's language. 2025 0 Supreme(Gau) 799- Magistrates should note all details in the order.
In summary, a mother may sign her minor child's statement if present (even outside the room), aligning with safeguards for voluntary . This protects child victims while involving guardians appropriately. 2009 0 Supreme(SC) 808 2022 0 Supreme(Kar) 335
Key Takeaways:- Presence outside is ideal for voluntariness.- Signature valid with proper procedure.- Always prioritize child-centric recording.
For personalized guidance, seek legal counsel. Stay informed on evolving POCSO and CrPC interpretations.
References:- 2022 0 Supreme(Kar) 335- 2009 0 Supreme(SC) 808- 2025 0 Supreme(Gau) 799-
- 2025 Supreme(Online)(Del) 7776-
-
STATE OF KARNATAKA Vs MATHRU SATERI GURAV
-SHEKHAR Vs STATE OF KARNATAKA
#Section164CrPC, #ChildVictimRights, #POCSOAct
In the statement recorded under Section 164 Cr.P.C, she mentioned that while going inside the toilet, she left her daughter outside and at that time, her daughter was playing in mud. ... In the statement recorded under Section 164 Cr.P.C, she stated that at the time when she came out of the toilet, she saw the accused sitting on the corner of the toilet but during cross examination, she mentioned that acc....
Thus, the contradiction in her statement under Section 164 of the CrPC is of a minor character and does not make her testimony unreliable. ... In any event, the aforesaid statement of the victim has been duly corroborated by the statement of her mother (PW-4). ... As mentioned earlier, it is not uncommon that the minor child of such tender age may not have been able to ....
(CRL)1642/2024 Page2of3 statement under Section 164 of the Cr.P.C was recorded. 7. A perusal of the girl’s statement under Section 164 Cr.P.C. reflects that her father is usually drinking, and on the day when she left her home, she stayed with one Ms. Isha at Laado Sarai. ... Considering the submissions madebeforethe Court,lettheminor child be produced before the learned Metropolitan Magistrate for recording#HL_E....
There was delay in recording 164 statement of the victim particularly, when the Police Officials accompanied the victim and her mother both during recording of 164 statement as well as recording the deposition before the trial Court, which goes to show that they were well tutored to depose in a particular ... P.W-10 also stated that even the ....
It must also be remembered that here was a trained Judicial Officer who was recording the confessional statement under Section 164 of the Code, fully aware of the stringent conditions attached thereto. ... The mother of the victim also made a statement under Section 164 of the Code when she confirmed that she came to know of the incident only on April 8, 2016. ... , thus ruli....
The accused standing on the dock touched my breast and other private part. I informed the same to my sister Oman and again my said sister told the same to my aunt, who informed my mother about the said incident. I was taken to medical examination. ... in the statement recorded u/s. 164 of the Code of Criminal Procedure, 1973, and the name which appears in the deposition made in the Court, are different. ... Though the med....
However, on the next day, at about 9:00 a.m. the girl and her mother Dropdi (PW-6) were standing outside their house, when she pointed towards the accused who was coming on his bicycle and said that he was the uncle who had taken her to his room and did the wrong. 5. ... The Trial Court has wrongly taken minor omission of the minor victim to be discrepancy. ... The court was supposed to read her depositi....
7.The learned counsel for the appellant would further submit that the victim child was produced before the learned Judicial Magistrate, Tiruchengode for recording the statement under Section 164 Cr.P.C. ... Further, the victim child while recording statement under Section 164 Cr.P.C., has not stated that she was subjected to sexual assault and therefore, in the absence ....
the statement under Section 164 of Cr.P.C. ... Procedure After recording the statement. In Murugasamy v. ... Recording of statement of a child by Magistrate: (1) If the statement of the child is being recorded under Section 164 of the Code of Criminal Procedure, 1973 (2 of 1974) - ... (xi) — After recording the #HL_S....
her statement is also recorded under Section 164 of Cr.PC by the Judicial Magistrate. ... The only difference is that a statement under Section 164 Cr.PC is recorded by a Magistrate. ... This also corroborate with the statement of the prosecutrix as well as her mother and grand mother that at the time of incident, she had completed 18 years. ... In the abs....
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