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
that his evidence receives sufficient corroboration.
The act of recording confessions under s. 164 of the Code
of Criminal Procedure is a solemn ... confession made by the accused can be regarded
as voluntary. It is hardly necessary to emphasize that the
act of recording confessions under s. 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
SC1833 (118)
ACT:
Criminal Procedure Code (5 of 1898), s. 164-Confession to
Magistrate-Prolonged police custody-When confession can be
held
conclusion that if the Magistrate, who had recorded the confession under 164 Cr.P.C . had not put questions to the accused before recording statement ... were required to be taken by the Magistrate before recording confession under Section 164 Cr.P.C. were not observed.
36. For the reasons stated
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
making of the confession and it is sufficient to stamp the
confession as involuntary and hence unreliable. A judicial
confession not given voluntarily is unreliable ... when such a confession is retracted,
the conviction cannot be based on such retracted judicial
confession.
(vii) Non-compliance with Section 164 CrPC goes
give confession voluntarily or whether he was pressurized to give such a confession. The accused told him that he was willing to give confession voluntarily ... section [4] of section 164 Cr.P.C., which reads as follows:-
164:-Recording of confessions and statements:-
..........
[4]Any such confession shall be recorded
provisions of Section 164(2) and (4) of the Cr.P.C ., which are as follows:
164. Recording of confessions and statements.-
(2)The Magistrate ... prosecution, is the judicial confession, falls short off a judicial confession, as contemplated under Section 164(4) of the Code. Therefore
powers duly invested in him to record statements or confessions under Section 164 of the Code of Criminal Procedure. If the Magistrate did not have ... Criminal Procedure, would have the necessary jurisdiction to record confession under Section 164 . It is not apparently disputed in this case that the District Magistrate
