Witness lying under 164crpc at defense

Question

Witness lying under 164crpc at defense

06-Feb-2026 (In Criminal Law)

My sister was murdered by her husband. It's been 9 years. Now case at defense stage where opposition party witness lying under 164 crpc, where he admitted that girl was very happy with his husband. I have a evidence against it. What can I do.. Kindly suggest me

Answers (5)

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Advocate Servesh Mishra LawRato · Accepted Answer · 2026-02-06T17:17:49+05:30

गवाह के 164 CrPC बयान और कोर्ट के बयान में विरोधाभास साबित करें धारा 145 Evidence Act के तहत जिरह करें आवश्यकता हो तो 340 CrPC की कार्यवाही शुरू करेंyकेवल यह कहना कि “लड़की पति के साथ खुश थी” हत्या के आरोप को समाप्त नहीं करता। हत्या के मामलों में मotive, medical evidence, forensic report, circumstantial evidence अधिक महत्वपूर्ण होते हैं। 311 CrPC के तहत अतिरिक्त साक्ष्य पेश करें

Advocate Aishwarya Panday LawRato · Accepted Answer · 2026-02-06T21:43:21+05:30

A statement under Section 164 CrPC is not conclusive proof by itself. It can be challenged if it appears false, tutored, or contrary to other evidence on record. If you possess evidence showing that the witness is lying or suppressing facts, you may: Request the Public Prosecutor to confront the witness with contradictory material during cross-examination. Move an application to recall or further cross-examine the witness if new material facts need to be put on record. If the statement appears deliberately false, the court can be requested to consider perjury proceedings at an appropriate stage. If your evidence is relevant and was not earlier produced, an application may be moved to bring additional evidence on record, subject to court’s permission.

Advocate Ajay Shukla LawRato · Accepted Answer · 2026-02-07T18:58:09+05:30

Answer #4

I am sorry for your loss. At the defence stage, a statement recorded under Section 164 CrPC is not substantive evidence; it can only be used for corroboration or contradiction. If a witness has falsely stated that the deceased was “happy”, and you possess contrary material, you should immediately bring it on record. You may take the following steps: Application under Section 311 CrPC to recall the said witness for further cross-examination and confront him with your evidence. Application under Section 91 CrPC for production of documents/material supporting cruelty, harassment or motive.

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