Allahabad: The Allahabad High Court has issued significant directions regarding the handling of statements recorded under Section 164 of the Code of Criminal Procedure (CrPC) or Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A Division Bench comprising Justices Vivek Kumar Birla and Arun Kumar Singh Deshwal made this observation while deciding a writ petition in the case of Smt Ujala And Another vs. State of UP and 3 Others.
The court noted that in numerous cases, accused persons were filing statements recorded under Section 164 CrPC while challenging FIRs under Article 226 of the Constitution. This practice was found to be contrary to Supreme Court rulings.
Highlighting the importance of maintaining the confidentiality of such statements, the court held, “This Court also strictly deprecates this practice of annexing the statement of the victim recorded under Section 164 CrPC by the accused-petitioners. Further, it is of the view that concerned Magistrates/courts should not issue certified copies of the statement recorded under Section 164 CrPC, as deprecated by the Hon’ble Apex Court, to any person until cognizance is taken on the charge-sheet/police report.”
The court observed that even lower courts were issuing certified copies of statements recorded under Section 164 CrPC, which is legally impermissible.
Expressing concern over this practice, the court stated, “This Court has noticed that in a number of cases, the statements recorded under Section 164 CrPC are being filed by the accused/petitioners before this Court while challenging FIRs under Article 226 of the Constitution of India. This practice has been strictly deprecated by the Hon’ble Apex Court in the case of State of Karnataka vs. Shivam (2014) 8 SCC 913, as well as in A. vs. State of U.P. and another (2020) 10 SCC 505.”
In conclusion, the court directed the Registrar General to bring this order to the attention of the Chief Justice for the potential issuance of a circular to district courts in Uttar Pradesh. It also instructed investigating officers not to supply copies of statements recorded under Section 164 CrPC or Section 183 BNSS to any person during the investigation.
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