“Statement made by a witness under Section 164 of Cr.P.C. is not a substantive piece of evidence”

 

 

1985 BLD 318

 

IN THE SUPREME COURT OF BANGLADESH

(HIGH COURT DIVISION)

Criminal App-l No. 102 of 1981

Decided On: 12.05.1985

ANIS ALI MASTER & ORS

Vs.

THE STATE

 

 

 

..........So far as the statement made by P.W.ll Mohammad Ali under section 164 Cr.P.C. is concerned, it is not a substantive piece of evidence. In the case of Brij Bhushan Singh V. The King Emperor reported in 50 C.W.N. (Privy Council) 348 it has been held that the statement made by a witnesses under section 164 Code of Criminal Procedure, 1898, cannot be used as substantive evidence of the truth of the facts. A statement under section 164. Cr.P.C. made by a witness can be used to cross examine the witness who made it and the result may be to show that his evidence in Court is false. In the case of Bhubani Sahu V. The King reported in 53 C.W.N. (Privy Council) 609, it has been held that the statement under section 164 of the Code of Criminal Procedure can never be used as substantive evidence of the facts stated, but it can be used to support or challenge evidence given in Court by the person who, made the statement. In the case of Ram Kishan Singh V. Harmit Kaur and another reported in A.I.R. 1972 (SC) 468 the Supreme Court of India has held that a statement under section, 164, Criminal P.C. is not a substantive evidence. It can be used only to corroborate the statement of the witness or to contradict him.