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Section 164

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10 views2 pages

Section 164

Uploaded by

Fadi Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Definition of confession

Confession is the admission of guilt, stating or suggesting an inference as to guilt by an


accused made in custody. According to Justice Stephen, a “confession”, is an
admission made at any time by a person charged with a crime stating or suggesting the
inference that he committed that crime.
Procedure which magistrate must adopt while recording
confession.
Following formalities have to be observed by the Magistrate before
recording judicial confession: 1. When any accused discloses his intention to
record a confessional statement, the first act of the Magistrate is to remove the
handcuffs of the accused if he is in handcuff. 2. The police officials
present inside the Courtroom are to be immediately turned out from the Courtroom.
3. The Magistrate has to explain to the accused that he is appearing before a
Magistrate. 4. That the accused is not bound to make any
confession and if he makes any confession it may be used against him and he may
be convicted on its strength. 5. The Magistrate has to ask
the accused if police had used any coercive method to obtain a confession from
him. 6 The Magistrate
is required to give sufficient time to such accused to ponder over the matter.
7. Thereafter the Magistrate has to again ask the accused whether he is still
willing to make a confession and on his reply in the affirmative he may record the
confession. 8. Thereafter the Magistrate has to remand the accused to
judicial custody if he is in handcuff. 9. Even after recording the confessional
statement of the accused the Magistrate is required to record some prosecution
evidence in corroboration of the confession. 10. It is also
mandatory that the Court should record a statement of the accused u/s 342 of Code
of Criminal Procedure wherein he may be asked the question whether he had made
confession voluntarily or whether he had made the same under coercion or duress.
11. When the accused had refused to plead guilty at the time of framing the
charge and he wants to make a confession thereafter, conviction should not be
based on the sole confessional statement of the accused but some corroborated
prosecution evidence must be recorded. 12. Can be used against maker of it
13. Can be made in the presence of Magistrate. 14. Reading over to its maker.
15. Certification of Magistrate.

16. Signature.

17. Name, date, and designation.

Confession recorded on Oath:


Confession recorded on oath is inadmissible.
Retraced Confession:Confessional statement although retracted would be
sufficient piece of evidence for conviction if it is found true, voluntary and having not
been obtained by coercion, inducement of torture.
Confession before Police Officer:If confession is made by the accused
before police officer then it becomes his duty to get his confessional statement recorded
before the competent magistrate otherwise such confession is not admissible in
evidence.

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