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What if 164 statement doesnt contain any offence that was in FIR


16-Mar-2023 (In Criminal Law)
Dear All, I had a question. I have section 506 on me where the lady has written that i had threatened her in FIR but in 164 that is not present. In FIR also sexual advances are written but in 164 threatening and sexual advances both are not written. Even the months mentioned in FIR are not present in 164.But in 161 these allegations are shifted to a different month as compared to FIRWhat to do in such cases.
Answers (4)

Answer #1
730 votes
The discrepancies between the FIR and any subsequent statement under section 164 of the CrPC cannot be a ground for discharge without initiation of trial.
However, it may be taken as defence at the stage of trial.
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Answer #2
641 votes
nothing to worry then...S.164 is High evidentiary value than FIR 161. FIR and 161 is Corroborative evidence and itself do not have any evidentiary value.

File Quashing petition before High court u/s 482 CrPC

I can help you in that
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Answer #3
715 votes
Dear client

Contradictory statements and false allegations can be made grounds for quashing the FIR in question. Else you may argue the same at the stage of framing of charges and final arguments.

Feel free to get in touch to discuss further
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Answer #4
884 votes
In such cases u need to immediately hire an advocate to guide u properly ! Police will soon file the chargesheet n then your advocate needs to do argument on these facts on framing of charge ! Followed by trail !
All the best
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