Section 164 of the Criminal Procedure Code provides for the power of the Magistrate to record confessions and other statements. The confessions made in the presence of the Magistrate could be used as substantive evidence. It is advised to talk to a lawyer before you decide to confess or even in case you have to record a statement in the presence of the magistrate. In the following discussion, the statements and the confessions made under Section 164 are explained.
Confession and a Statement-
A confession could be understood as a statement in which the suspect accepts his guilt of a crime.
A statement is a mere declaration of the matter of fact.
Who can record a confession or a statement-
A Metropolitan Magistrate or a Judicial Magistrate can record a confession or a statement, irrespective of the fact that he has jurisdiction or not.
The provision of the Section 164 of the CrPC provides that the police officer, to whom the powers of the magistrate have been conferred, is not competent to record confessions.
Confessions or statement could be recorded by the Magistrate-
A confession or a statement made under Section 164 of the CrPC could be recorded as-
(i) Either during the course of the investigation
(ii) Anytime afterwards, but before the commencement of inquiry or trial.
The process to record a confession provided under CrPC
Before recording a confession, the magistrate shall explain to the person confessing that-
He is not bound to make any confession
In case such a confession is made, it could be used as evidence against him.
The provisions of Section 164 of the CrPC could act as protection against involuntary confession. To ensure that the confession made is voluntary, the conditions mentioned below shall be followed by the magistrate-
After providing the warning mentioned above, the magistrate should provide time as believed adequate by him, to the accused so as he is free from the influence of the police.
The accused should be asked about the treatment he received in custody.
In case there are some injuries on the body of the accused person, he shall be asked about the origin of those injuries.In case the accused is unwilling to make a
confession, he shall not be remanded to police custody.
It is the duty of the magistrate to apply his judicial mind to ascertain if the accused is confessing under any influence, threat or promise.
A confession could be rejected, in case the confession is not found to be voluntary.
Also, the magistrate could explain to the accused his right to consult a lawyer before recording the confession 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 provided under Section 164(5) of the CrPC, in case the accused desires to make any statement other than a confession, it could be recorded by the magistrate. The statements recorded under this Section shall be recorded in a manner similar to which an evidence is recorded.
The magistrate under this Section could administer an oath to the person making the statement.
Conclusion
From the above discussion, it could be understood 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. A magistrate is empowered to record the statement, which shall be admissible as an evidence. Before having your statement recorded or your confession recorded, it is advised to seek the advice of the top ten lawyers in Delhi or top ten lawyers in Bangalore or your own city.
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