Section 29 in Criminal Court Rules of the High Court of Judicature at Patna
29.
(i)The examination of an accused person immediately on his production by the police is to be deprecated. Whenever possible, he should be allowed a few hours for reflection, free from the influence of the police, before his statement is recorded. The investigating police should not be allowed to be present when confession is recorded.(ii)Confessions should be recorded in open court and during the court hours except when unusual circumstances require a different procedure as, for instance, when an open record would be detrimental to the public interests or when the recording of the confession in open court is rendered impracticable by reason of the fact that the Court is closed for two or more successive days on account of holidays.(iii)A Magistrate recording a confession should satisfy himself in every reasonable way that the confession is made voluntarily. It is not necessary actually to invite complaints of police ill-treatment, though of these, if spontaneously made, cognizance should be promptly taken, but it should be made clear to the prisoner that the making or withholding of a statement is within his discretion, and any indication of use of improper pressure should be at once investigated.(iv)The Magistrate should question a confessing prisoner with a view to ascertaining the exact circumstances in which his confession was made and the connection of the Police with it., in other words, the court should record the confessions in as much detail as possible with a view to obtaining material from which its genuineness can be judged and to testing whether it is freely made or is the outcome of suggestion. To the certificate required by section [64] [Substituted by C.S. No. 26.] of the Criminal Procedure Code, the Magistrate should add a statement, in his own hand, of the grounds on which he believes that the confession is genuine, of the precautions which he took to remove accused from the influence of the police aod of the time, if any, given to him for reflection. [Vide Form no. (M)2.](v)The Magistrate should formally warn the accused, though not necessarily in set words, that anything said by him will be taken down and may thereafter be used against him.(vi)A remand to police custody should not be allowed unless good and satisfactory grounds are shown for it; a general statement that the accused maybe able to give further information should not be accepted.(vii)Whenever possible, where the object of the remand is the verification of the prisoner's statement he should, be remanded to the charge of a Magistrate.(viii)The period of the remand should always be as short as possible.(ix)A prisoner who has been produced for the purpose of making a confession and who has declined to do so, or has made a statement which, from the point of view of the prosecution, is unsatisfactory, should in no circumstances be remanded to police custody.Note - Orders of remand to police custody should ordinarily be passed by stipendiary Magistrates exercising not less than second class powers and specially selected Honorary Magistrates of the 1st Class.(x)If a prisoner produced for the purpose of making a confession declines to make any, the Magistrate before whom he is brought shall record on Form no. (M)2 the refusal of the prisoner in his own words, and shall also record any statement which the prisoner may desire to make in lieu of a confession.
