confession records
a confession-Records of confession not held to be admissible
by the trial Court-The Magistrate gives oral evidence of
confession-The records ... Magistrate recording a confession under s. 164 of the Code
is bound to follow the procedure laid down in it. Section
533 of the Code
approach the subject of confessions and particularly of judicial confessions, as though every record or evidence of confession is to be treated as 'prima ... explain to the confessant that he was not bound to make a confession and that any confession made by him would be used as evidence
approach the subject of confessions and particularly of judicial confessions, as though every record or evidence of confession is to be treated as 'prima ... explain to the confessant that he was not bound to make a confession and that any confession made by him would be used as evidence
confession by oral testimony. The argument is that the Magistrate was bound I to record the confession under Section 164 , (Criminal P.C., and that ... Section 164 . The statements did not purport to have been recorded under Section 164 and even if they could be regarded as confessions the learned
recording their confessions on 31st August and the confessions were in fact recorded on 1st September 1952. Both of them retracted their confessions ... complied with In recording a confession, the confession would become inadmissible. The admissibility of the confession was attacked also on other grounds. Mr. Justice Bennett
section. Sub-section (4) of Section 164 CrPC reads as follows:
164(4) Any such confession shall be recorded in the manner provided in Section ... Magistrate before recording confession shall explain to the person making confession that he is not bound to make a confession and if he does
confession. The true test is whether or not the
confession is voluntary. If a doubt is created regarding the voluntariness
of the confession, notwithstanding ... under
section 164 Cr.P.C. and that section 164 (5) Cr.P.C. prohibits
administration of oath in cases of confession. Drawing the
attention
confession. Sub-section (4) deals with the manner in which confession is to be recorded and hence it is reproduced wholly:
(4) Any such confession ... comply with section 164 and he cannot take any liberty with the same. Any non-compliance of section 164 will render confession inadmissible in evidence
take into consideration such confession as against such other person as well as the person who makes such confession. Section 164 of the Code authorises ... consider the confession and not an earlier statement made by a witness or accused. Confession under Section 164 of the Code is only an earlier
Metropolitan Magistrate, Delhi on 1.3.2007, under Section 164 Cr.P.C. Accused SK confessed to have raped and killed the twelve victims and also disclosed ... Chandra Shekhar
Metropolitan Magistrate who recorded accused SK's confession under section 164 Cr.P.C.
2
Dr. Nandineni Reddy
FSL Hyderabad
