(1)For the proper recording of a confession it is essential under sub-section (3) of Section 164 of the Code that the accused shall be questioned with a view to ascertaining whether he is making the confession voluntarily. The Magistrate should invariably ask him when and where he was first questioned by the police, when and where he was arrested, and the length of time he has been in the custody of the police. It is not sufficient to accept the date and hour of formal arrest as entered in the police papers. The questions so put and the answers thereto must be recorded before the confession is taken down.(2)Magistrates recording confessions are forbidden to send for or examine the statement, if any, made to the police by the person making the confession.Note. - Every Magistrate empowered to record a confession must keep a stock of the special forms prescribed for the record of his proceedings (Schedule V, No. 189). If questions are not put to elicit that the confession is being made voluntarily the confession is not only inadmissible under Section 164 of the Code but also cannot be used under the provisions of the Indian Evidence Act such as Sections 21 and 29.
