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Dec 21, 20223 min read

Do Statements Under Section 164 Of The Crpc Be Recorded?

Section 164 of the Criminal Procedure Code confers the power to the Magistrate to record confessions and other statements. The confessions so made in the presence of the Magistrate would be used as substantive evidence. It is, thus advised to talk to the Top 10 Lawyers In Delhi or your own city, before you decide to confess or to have your statement recorded in the presence of the magistrate. Following mentioned is a discussion of the statements and the confessions made under Section 164-


A Confession and a Statement-

  • When a suspect accepts his guilt of a crime, such a statement would be called a Confession.

  • A mere declaration of the matter of a fact would be called a statement.

Who shall record a confession or a statement-?

  • A Metropolitan Magistrate or a Judicial Magistrate, irrespective of the fact that he has jurisdiction or not, can record a confession or a statement.

  • However, the police officer to whom the powers of the magistrate have been conferred is not competent to record confessions, as per the proviso of Section 164 of the CrPC,

Confessions of statements could be recorded by the Magistrate-


A confession or a statement, under Section 164 of the CrPC, could be recorded-

(i) during the course of the investigation

(ii) anytime after the investigation but before the commencement of inquiry or the trial.


The process to record a confession as per the CrPC-


Before recording a confession, the magistrate has to explain to the who is person confessing that-

  • He/she is not bound to make such a confession

  • In case such a confession is made, it could be used as evidence against him/her.

It could also be understood that the provisions of Section 164 of the CrPC can also act as protection against involuntary confession. To ensure that the confession is made voluntarily, the conditions provided below are required to be followed by the magistrate-

  • After the warning mentioned above has been given, the magistrate should provide time as believed adequate by him, to the person making such confession, so that he/ she is free from the influence of the police.

  • The Magistrate should ask the accused about the treatment he received while in the custody.

  • In case injuries are visible on the body of the accused person, he should be asked about the origin of those injuries.

  • If the accused is not willing to make any confession, he should not be remanded to police custody.

  • The magistrate has to apply his judicial mind to ascertain if the accused is confessing under any external influence, threat or promise.

  • If a confession is not found to be voluntary, it would be rejected

  • Also, the magistrate should also explain to the accused his right to consult a lawyer before he/ she gets his confession recorded under Article 22(1) of the Constitution and Section 303 of the CrPC.

How a statement is recorded under Section 164 of the CrPC

  • As has been provided under Section 164(5) of the CrPC, if the accused desires to make any statement other than a confession, it could also be recorded by the magistrate. The statements recorded under this provision would be recorded in a manner similar to which evidence is recorded.

  • Under this Section, the magistrate should administer an oath to the person making the statement.

Conclusion


From the above discussion, it could be inferred that a statement or confession of an accused person or a statement by a person involved with an ongoing investigation could be recorded by a magistrate under Section 164 of the CrPC. A Magistrate is empowered to record a statement, which could be admissible as evidence. Thus, before having your statement recorded or your confession recorded, it is advised to seek the advice of the Top 10 Lawyers In Jaipur,Top 10 Lawyers In Bangalore, or your own city, as any such statement could be used against you in the trial as evidence. Hence, any such statement should be made after discussing it thoroughly with your lawyer.


Lead India offers you a wide pool of experienced lawyers who have been successfully handling criminal cases and could offer you advice or assistance related to the same. Hence if you wish to seek free legal advice or talk to an expert, you may contact us.


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