When a confession is recorded it shall be read over to the accused who made it and shall be signed by him and also by the recording Magistrate. The Magistrate shall then make, at the foot of the record of the confession, the memorandum required by sub-section (3) of Section 164 of the Code. The memorandum shall, whenever practicable, be in the language in which the accused is examined. To this memorandum shall be added a statement, by the Magistrate in his own hand, of the grounds on which he believes that the confession is voluntarily made. Form No. 189 of Schedule V provides a printed certificate at the end that all these necessary formalities have been observed, and the Magistrate in signing the certificate has his attention called to all that he is bound to do to make the confession effective in law.Note. - It should be borne in mind that a confession recorded by a Magistrate under Section 164 of the Code is ineffective in law if the certificate required by the section is not given and the signature of the accused making the confession is not taken as required by Section 364 of the Code. The evidence of the Magistrate who recorded the confession is admissible to cure these defects (See rule 87 infra).
