Statements made to a magistrate under Section 164 CrPC (Section 183 BNSS) can be retracted, but retraction alone does not automatically erase their evidentiary value, since these statements are recorded with specific safeguards precisely to ensure voluntariness and reliability. Whether statements made to a magistrate under Section 164 can be retracted effectively depends on the witness or accused providing a credible, well-substantiated explanation for the retraction, such as coercion or duress at the time of the original statement, since courts examine both versions carefully rather than automatically favouring the later retraction. The procedural safeguards built into recording such a statement — including the magistrate independently confirming voluntariness before recording — are precisely why courts do not treat a later retraction as automatically more credible than the original account.

Courts examining a retraction typically look for a specific, credible reason why the original statement no longer reflects the truth, rather than accepting a bare assertion that the person simply changed their mind. Genuine explanations such as documented threats, pressure from family or other interested parties, or a demonstrable breakdown in the safeguards meant to ensure voluntariness carry real weight, while vague or unexplained reversals are treated with considerably more skepticism.

A retracted statement still remains part of the record and can be used for contradiction during cross-examination, so its impact requires careful legal strategy rather than simple withdrawal, since even a formally retracted statement continues to influence how the witness's overall credibility is assessed throughout the remainder of the trial. Understanding this lingering effect is essential to managing the situation effectively, whether you are the one seeking to retract or the one seeking to rely on an earlier statement despite a later retraction.

For guidance on handling a Section 164 statement in your case, reach out via Aapka Legal Advice for tailored advice on how best to approach either asserting or challenging a retraction given your specific circumstances. Our network of Top Criminal Lawyers in India and retired judges panel have deep experience navigating the complexities of retracted judicial statements, understanding exactly how courts weigh the credibility of a retraction against the safeguards built into the original recording process. In conclusion, retraction is possible but rarely simple, and its ultimate impact depends heavily on the credibility and specificity of the explanation offered.