Rape victims’ statements must be recorded by female magistrates: LHC

LAHORE: The Lahore High Court (LHC) has ordered that the statements of the rape victims under Section 164 of Cr.P.C. must be recorded preferably by a female magistrate.

The court observed that the Supreme Court in this regard repeatedly passed the directions but seldom implemented.

The court held that the directions of Supreme Court are binding on all the subordinate courts, hence the directive regarding female magistrates must be kept in view.

The court passed these directions during proceedings of a bail application of one Sonara Khan.

The court observed that the matter is of further inquiry hence admitted the post arrest bail, subject to confirmation from the magistrate concerned.

The court noted the failure of the magistrates to record the statements under section 164 of Cr.P.C. in accordance with the law.

The court observed that the statements of victims were often neither video recorded nor an opportunity was afforded to the accused for cross-examination through counsel, as required by law.

The court said the cross-examination directly engages the accused’s right to a fair trial under Article 10A of the Constitution.

The requirement of video recording is primarily intended to protect the victim from secondary trauma and to preserve the authenticity of the statement, the court added.

Omission to observe it precludes the statement from being treated as substantive evidence under section 265-J Cr.P.C., the court remarked.

The court also noted that in many instances, the witness is unlettered or one who does not understand the purpose of the statement or the nature of the disclosure expected.

Moreover, it is not uncommon for the statement to be recorded in formulaic language, rather than in the witness’s own words, which defeats the object of faithful contemporaneous recording, the court added.

The court held that the magistrate, therefore, bears a duty to elicit all relevant information by asking explanatory questions and guiding the witness appropriately.

The court also observed that the magistrates usually fail to comply with the mandatory requirements of section 14 of the Anti-Rape (Investigation and Trial) Act 2021.

The court, therefore, directed the magistrates to record the statements under 164 of Cr. P. C. reflecting a faithful and complete account of the witness’s narrative.

The court also directed all sessions judges in Punjab to ensure that magistrates entrusted with recording statements under section 164 Cr.P.C. discharge their responsibilities with due care and in accordance with law.

Copyright Business Recorder, 2026