Rape is a very serious crime that harms a person’s body, dignity, and mind. It affects societies around the world. According to the 2021 report of the National Crime Records Bureau (NCRB), 31,677 rape cases were reported in India. Rape is the fourth most common crime against women in the country.
In most rape cases, the crime happens in private or hidden places, so there are usually no eyewitnesses. That’s why the victim’s statement becomes very important. However, it’s often hard for the victim to prove what happened or make the court believe her. One reason for this is that some people file false rape cases, which makes real cases harder to prove.
The Supreme Court of India has given different opinions on this matter. In some cases, it said that the victim’s statement alone is enough to convict the accused. In other cases, it said that the victim’s statement needs extra proof or support. In this article, we will discuss whether a rape accused can be punished only based on the victim’s statement recorded under Section 164 of the CrPC. We will also talk about what this law means, how it is used, and how much value such a statement has in court.
Section 164 CrPC
This section talks about how a magistrate records confessions and statements. A magistrate (judge) can record the statement, even if the case is not in his/her area. But after recording, the statement should be sent to the magistrate who will handle the case.
Before recording a confession, the magistrate must warn the person that the confession can be used against them in court. He must also make sure the person is confessing voluntarily, and no one has forced or threatened them.
After the Nirbhaya case in 2012, a big change was made to this law in 2013. Section 164(5A) was added. This made it mandatory for a magistrate to record the statement of a rape victim, not just a police officer (as done under Section 161 earlier). Statements under Section 161 have little value in court, and victims had to speak again during trials, which made them relive the trauma.
Now, under Section 164, the magistrate can take the statement under oath, and it has legal value.
Section 164 CrPC vs. Section 183 BNSS (New Law)
| Aspect | Section 164 CrPC | Section 183 BNSS, 2023 |
| Who can record confession/statement? | Magistrate (any magistrate, even if outside jurisdiction). | Same provision — any magistrate can record statements or confessions. |
| Voluntariness | Magistrate must ensure the confession is voluntary, without any pressure, threat, or inducement. | Same safeguard — Magistrate must confirm free will and explain that the statement can be used against the person. |
| Use in Trial | Confession recorded under this section is admissible in evidence. | Same legal status — admissible and holds evidentiary value. |
| Rape Victim’s Statement (164(5A)) | Introduced in 2013 after Nirbhaya case. Mandates magistrate (not police) to record statement of rape victim. | Retained and strengthened. Section 183(6) of BNSS carries forward the same provision to protect dignity and ensure justice for victims of sexual offences. |
| Statement Value vs. Section 161 (Police) | Statement under Section 161 (by police) has less legal value; not under oath and not signed. | Same difference continues. Police-recorded statements (under new Section 180 BNSS) still hold less evidentiary value. |
| Protection of Victims | Victims had to repeat statements during trial, adding trauma. 164 tried to reduce that. | BNSS reinforces this — aims to reduce secondary victimisation by making the magistrate’s statement strong enough to rely on. |
| Provision for Audio-Visual Recording | Not mandatory under old CrPC, but added later in some cases. | BNSS explicitly allows or mandates audio-video recording in certain cases to ensure transparency and accuracy. |
Key Takeaways:
- BNSS Section 183 retains the spirit and safeguards of CrPC Section 164 but aims to modernize the process with tech integration (audio-video recording).
- Special protection to rape survivors under CrPC 164(5A) is retained in BNSS and considered a progressive step towards victim-centric justice.
- The magistrate’s role continues to be pivotal in ensuring voluntariness and evidentiary value.
Recording the Statement of the Victim of Rape
When the police learn about a rape case, they must take the victim to the nearest magistrate to record her statement under Section 164(5A).
If the victim is physically or mentally disabled, the magistrate must go to a place chosen by the victim. An interpreter or special educator must be present, and the statement must be video recorded.
According to Section 137 of the Indian Evidence Act, this statement works like the victim’s main testimony. The defense lawyer can directly cross-examine the victim based on this. If the victim is a minor, her mother or guardian may be present during the recording.
Judicial Perspectives on the Role of Section 164 in Rape Cases
In rape cases, Section 164(5A) is very important because it allows the magistrate to record the victim’s and other witnesses’ statements. But courts usually don’t convict someone based on just one piece of evidence. So, the big question is: Can someone be punished just based on the victim’s statement under Section 164(5A)?
Let’s look at some court judgments to understand this better.
Case Laws in Favor of the Accused
1. Gaps or Weaknesses in the Victim’s Statement – Not Strong Enough Evidence
In the cases of Krishan Kumar Malik v. State of Haryana and Rai Sandeep v. State (NCT of Delhi), the Supreme Court of India said:
Yes, a rape conviction can be based only on the victim’s statement — if her statement is clear, trustworthy, and without any doubt.
But in these two cases, the victim’s statement had many gaps, contradictions, and was not very strong or convincing. So, the court did not find it reliable enough to punish the accused and acquitted them (declared them not guilty).
2. No Extra Proof and Benefit of Doubt Given – Victim’s Statement Not Strong Enough Alone
In the case of Santosh Prasad v. State of Bihar (2020), the Supreme Court said:
- Rape is a very serious and painful crime, but false rape cases also cause serious harm to the person who is wrongly accused.
- So, courts must protect innocent people from false accusations, especially when there are many people accused in one case.
- Just because someone is injured or says they saw something doesn’t always mean they are telling the full truth — they might exaggerate or be mistaken.
- In this case, because no extra proof was available to support the victim’s words, the court gave the benefit of doubt to the accused and acquitted him.
3. Need to Balance Victim’s Word and Accused’s Rights
In the case of Rajoo and Others v. State of Madhya Pradesh, the Supreme Court said:
- Normally, the victim’s word should be trusted just like we trust an injured person’s statement in other cases.
- But this rule cannot be applied to every single rape case.
- Each case is different — and the court should always carefully check the facts and evidence.
The court also said that:
While rape causes great pain and trauma to the victim, a false rape charge can also ruin the life of an innocent person.
So, both sides — the victim and the accused — should be treated fairly, and their rights protected.
Case Laws in Favor of the Victim (Prosecutrix)
1. A Victim Is Not a Partner in the Crime – Her Statement Deserves Respect
In the case of Karnel Singh v. State of M.P., the Supreme Court said:
- A woman who is a victim of rape is not like a partner in the crime (called an accomplice).
- She is the victim of someone else’s wrong actions.
- So, her statement should not be doubted in the same way as a criminal’s.
- The court does not need to find extra proof to believe her, unless it is necessary to give more confidence in her story.
In this case, the court believed the victim and punished the accused.
2. Asking for Extra Proof Is Insulting to Women
In the case of State of Maharashtra v. Chandraprakash Kewalchand Jain, the Supreme Court said:
- If we always demand extra proof (corroboration) for a rape victim’s story, it’s like saying she’s lying or part of the crime — that is insulting.
- Sexual crimes usually happen in private, so expecting other people to witness it is unrealistic.
- Also, no woman, especially a young girl, would lie about something so serious and risk her own reputation.
So, the court said the victim’s word can be trusted, unless there’s a clear reason to doubt it.
3. Victim’s Statement Should Be Trusted If It Sounds Truthful
In the case of Moti Lal v. State of M.P., the court said:
- If the victim’s statement sounds honest and believable, it should be accepted — even without extra evidence.
- But if the court feels unsure, it can look for supporting facts to feel confident, but not full proof like in the case of a criminal partner (accomplice).
- The trial court should always be careful and serious in such sensitive cases and protect the victim’s dignity.
4. Law Does Not Require Extra Proof – Victim’s Word Is Like That of an Injured Person
In the case of Mohd. Imran Khan v. State (NCT of Delhi), the Supreme Court said:
- The Evidence Act, 1872 (which guides courts on how to treat evidence) does not say that a victim’s word must have extra proof to be accepted.
- A victim is a competent witness under the law.
- Her statement should be treated like that of a person who is injured in an attack — it can be enough to punish the accused.
- If the victim is honest and reliable, the court can convict the accused based on her statement alone.
Benefit to SCs and STs
| Benefit | Details |
| Special Law Protection | SC/ST (PoA) Act adds stricter punishment and protections |
| Fast Investigation | By senior police officers (DSP or above) |
| Financial Compensation | ₹5 to ₹8.25 lakh under SC/ST Rules |
| Legal Aid | Free legal aid to the victim |
| Rehabilitation | Shelter, counseling, relocation if needed |
| Speedy Trial | Special courts for faster justice |
| No Anticipatory Bail for Accused | Generally not allowed under SC/ST Act |
Conclusion:
Section 164 of the Code of Criminal Procedure (CrPC) plays a very important role in rape cases. It allows the victim to record her statement before a magistrate, which becomes an important part of the investigation and trial. Rape is a serious crime, and the justice system must ensure that victims get justice while also protecting the legal rights of the accused person. One important question that arises is whether a person can be convicted for rape only on the basis of the victim’s statement recorded under Section 164. To answer this, we looked at different court judgments.
Some case laws say that the victim’s statement alone is not always enough, especially if it is unclear or has gaps. In such cases, the court may ask for more evidence or give the benefit of the doubt to the accused. On the other hand, some court decisions say that if the victim’s statement is strong, trustworthy, and clear, then it should be believed, and there is no need for extra evidence. These differences show how complex rape cases can be and how careful the courts must be in making a decision.
From all the judgments, one thing is clear: there is no one-size-fits-all rule. Every case is different. The courts must look at the full picture—how the victim is speaking, whether she is believable, if any other evidence supports her statement, and what the circumstances of the case are. The statement under Section 164(5A) CrPC is important, but whether it is enough to convict someone depends on how reliable and complete it is, along with other facts of the case.
In the end, the biggest challenge is to protect the rights of both sides—the victim who wants justice, and the accused who has the right to be considered innocent until proven guilty. The legal system must continue to improve, ensuring fair treatment, preventing misuse, and delivering justice without delay or bias. This balance is difficult but necessary to maintain trust in the justice system and uphold the rule of law.