Any Metropolitan Magistrate or Judicial Magistrate, regardless of whether they have jurisdiction over the case, has the power to record any confession or statement that a subject makes to them during or after an investigation, but always before the investigation or trial. The Criminal Procedure Code, 1973 (CrPC) contains a provision for this under Section 164.
Confessions as well as other non-confessional utterances are both permissible under this Section. It makes a particular provision to record confessions made voluntarily and voluntarily, without being coerced or influenced. A confession that has been so documented is more substantial than a non-confessional statement.
Confessions are recorded differently than statements are, using a different format. Any confession or statement made in front of the magistrate pursuant to Section 164 CrPC may be audio-video recorded with the accused person's defence attorney present.
Value of a Statement before a Magistrate as Evidence
The conditions under which the statements may be used for a particular purpose are outlined in Section 162(1) of the regulation. If a witness is called to testify for the prosecution and their statements have been reduced to writing and have been properly proved, it states that. They may be used by the accused and, with the court's approval, by the prosecution to refute the witness if they can be proven to have been false in accordance with Section 145 of the Evidence Act.
To draw the proviso, the following conditions must be met:
A witness must have been summoned by the prosecution;
A witness must provide a police officer with a statement, and the assertion in question must be reduced to writing.
Evidence had to be provided to back up this claim.
Section 162 has no effect at all on the clauses in Sections 27 and 32(1) of the Indian Evidence Act. This provision prohibits the use of statements made to police during an investigation in support of other claims.
This prohibition is founded on the assumption that the statements cannot be used as evidence by the prosecution because they may be biased and that the police are unable to appropriately record them.
Case Laws:
The Supreme Court declared in the case of Raghunandan v. State of U.P. that Section 162 is only meant to be used by parties. The Indian Evidence Act's Section 165 states that a court may look at any issue, whether it relates to contradiction or corroboration.
In a recent decision in Aneesh & others v. State of Kerala (Crl. A. No 95 of 2016 delivered on 28th January 2010), a division bench of the High Court of Kerala warned that if we unreasonably rely on unreliable pieces of evidence, such as statements recorded under Sections 161 and 164 of CrPC, the inevitable result will be a miscarriage of justice. Because of this, Sessions Judges will receive more effective legal training that is scientifically designed for their performance. The court further notes that a disproportionate number of trial judges have s entenced defendants to harsh penalties for committing crimes that only exist in their imaginations.
The court notes that the aforementioned instance is a prime illustration of an erroneous conviction being handed down without any evidence being kept on file, and that it is essential to provide judicial officers with the requisite training to examine evidence in such cases in light of the relevant facts and legal principles.
Section 165 of the Indian Evidence Act is unaffected by Section 162. As a result, whether the court examines a person as a court witness under the authority of Section 311 of the Code or when the witness is asked any questions under Section 165 of the Evidence Act, the restrictions established by Section 162 of the Code are irrelevant.
If you have already given a recorded statement or want to confess regarding any legal problem, you will require a lawyer. Lawyer In Lucknow might be engaged if you require their assistance in making a confession or presenting a statement. Lawyers In Ghaziabad might be engaged if you require their assistance in order to make a confession or give a statement. Similar to this, you can hire Lawyer In Delhi if you require their assistance in making a confession or presenting a statement.
Lead India offers a range of information, legal services, and free legal advice to solve the issue. ask a legal question for free online and talk to a lawyer to receive the best advice in this situation.
Visit us: https://www.leadindia.law
Call Us: +91–8800788535
Email: care@leadindia.law
Facebook: https://www.facebook.com/leadindialaw
Twitter: https://twitter.com/leadindialaw
Pinterest: https://in.pinterest.com/lawleadindia
Comments