The Criminal Procedure Code's Section 164 addresses the magistrate's authority to record a confession and other statements. The main purpose of a confession or statement made pursuant to Section 164 of the Criminal Procedure Code (CrPC) - unlike a First Information statement made pursuant to Section 154 of the CrPC—is to refute or support the maker. By using Section 145 of the Evidence Act, the contradiction may be revealed. A confession is therefore typically accepted as evidence. It is important information that warrants action. It might be used as evidence in some situations, leading to a conviction. If it is shown that a confession—judicial or extrajudicial—was given willingly, the accused may be judged guilty. The Top 10 Lawyers In Delhi can help you defend a criminal case and ask a legal question.
Who Can Record Such Statements?
A confession or a statement can be recorded by a Metropolitan Magistrate or a Judicial Magistrate regardless of whether they have jurisdiction or not. According to the proviso to section 164 of the Criminal Procedure Code, the police officer who has been given magistrate-like powers is not qualified to record confessions. The Top 10 Lawyers In Jaipur shall have a proper understanding of the matters that are to be dealt with under the provisions of CrPC.
According to section 164 of the Criminal Procedure Code, a confession or statement may be recorded:
During the course of the inquiry.
Whenever it occurs after but before the start of the inquiry or trial.
How the Confession is Recorded Under CrPC?
The magistrate must inform the confessing party that he is not required to make a particular type of confession and that if he does, it may be used as evidence against him.
Involuntary confession is prohibited by provisions of section 164 of the Criminal Procedure Code, which serves as a safety valve.
The magistrate must follow the guidelines below to ensure that the confession was given voluntarily:
The magistrate should give the accused enough time to reflect after issuing the aforementioned warning so that he is free from police influence (when he comes from police custody).
The accused will be questioned regarding the care he received while being held in custody.
The accused individual will be questioned about how he acquired any markings or injuries on his body.
The accused's handcuffs will be ordered to be taken off if they are on.
The accused will not be remanded to police custody if he shows a desire not to confess.
The accused will be questioned about the motivation for his statement, which goes against his best interests.
The magistrate must use his or her judicial judgement to ensure that the admitting defendant is not being coerced, threatened, or promised anything.
If a confession is not determined to be completely voluntary, the court may reject it.
The prisoner's mental state must be taken into account in determining whether the confession was voluntary.
If the prisoner is literate, he can be required to write down his confession so that the authorities can have the prisoner's account of events.
The magistrate can explain to him that, in accordance with Article 22(1) of the Constitution and Section 303 of the Criminal Procedure Code, he has the right to speak with a lawyer before recording his confession.
According to Section 164(4) of the Criminal Procedure Code, confessions must be documented in accordance with section 281's guidelines. The method of recording the accused's examination and the terminology used to record and examine the accused are covered under Section 281 of the Criminal Procedure Code. It should be remembered that the accused may not be sworn in while the record is being made. The accused shall be given a translation of the record into the language he understands.
The accused and the magistrate will both sign a memorandum of substance that the magistrate will prepare in order to record the confession. The record of the confession statement is then sent straight to the magistrate who will try the case by the magistrate who recorded it. If the witness is temporarily or permanently mentally or physically impaired, the magistrate must use the assistance of an interpreter or a special educator when recording the statement. A video graph of this footage is required.
According to Section 164(5) of the Criminal Procedure Code, the magistrate may record any statement the accused wishes to make that is not a confession. These assertions will be documented in the same way that proof is.
Evidence may be used to prove non-compliance if either section 164 or section 281 of the Criminal Procedure Code are not followed. The Top 10 Lawyers In Bangalore can help you in a situation where the non-voluntary statement is recorded. If the magistrate is convinced that the non-compliance did not harm the accused's ability to present a strong defence, the statement may be allowed.
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