Criminal Procedure Code , 1973 - S. 164 -
Confession - Recording of - Compliance with procedure
under - Principles, stated - Criminal Trial - Confession
- Confession of accused - Evidence ... when such a confession
is retracted, the conviction cannot be based on
such retracted judicial confession.
(vii) Non-compliance of Section 164
Trial-Confession-Voluntariness of-Circumstances
showing confession involuntary-Duty of Magistrate recording
confession Code of Criminal Procedure , 1898 (Act V of 1898,
ss.164 ... Criminal
Procedure . Section 164 of the Code confers power on the
magistrate specified in s. 164(1) to record statements and
confessions. Section 164
refer to the provisions of Section 164 Cr. P.C. which read as under:
164. Recording of confessions and statements: (1) Any Metropolitan Magistrate ... confession he explained to Ranbir Singh that he was not bound to make the confession, and that if he did so, such confession might
been recorded under the provisions of Section 164 , Criminal Procedure Code, and it is contended that the confession as recorded is inadmissible in evidence ... Code, and the statements were held not to be confessions within the meaning of Section 164 , Criminal Procedure Code.
20. In this case
section (6) of Section 173 ;
(iv) the confessions and statements, if any, recorded Under Section 164 ;
(v) any other document or relevant extract thereof forwarded
villages, hence the said
confession is not admissible under Section 27 of the Evidence Act
because the confession of Anil Kumar Singh does not amount ... provisions of law dealing with
confessions made by an accused. The law
relating to confessions is to be found generally
in Sections
villages, hence the said
confession is not admissible under Section 27 of the Evidence Act
because the confession of Anil Kumar Singh does not amount ... provisions of law dealing with
confessions made by an accused. The law
relating to confessions is to be found generally
in Sections
Magistrate, (ii) the statement on confession with any statement recorded under Sees. 161 or 164, Cr.P.C , and (iii) any document produced before
case, the confession which was made by accused No. 1 before the Magistrate on 9th of September 1977 was a voluntary confession. In the instant ... conviction of the accused primarily on the basis of his confession recorded under Section 164 Cr. P. Code, the Court must apply a double test
villages, hence the said
confession is not admissible under Section 27 of the Evidence Act
because the confession of Anil Kumar Singh does not amount ... provisions of law dealing with
confessions made by an accused. The law
relating to confessions is to be found generally
in Sections