Delay in Recording Witness Statements Under Sections 161/164 CrPC Not Fatal If Justified: Supreme Court

The Supreme Court upheld that a delay in recording witness statements under Sections 161 and 164 CrPC does not weaken the prosecution’s case if adequately explained. 

Dismissing an appeal under Section 302 IPC read with Section 34 IPC, the Court accepted riot-related delays as justified.

The appellants argued that the delay in examining eyewitnesses weakened the case, citing Ganesh Bhavan Patel v. State of Maharashtra. However, the State argued that the delay was due to the officer handling law and order during the violence.

Referring to Lal Bahadur v. State (NCT of Delhi) 2013, the Court held that delays alone do not invalidate testimony unless they raise doubt on the entire prosecution case.