worthwhile to extract Sections 164 , 306 and 311 Cr.P.C., as follows:
"Section 164: Recording of confessions and statements:
(1) Any Metropolitan Magistrate ... illegal and those confession statements are only to be treated as statements other than confession statements as envisaged under Section 164
applicant to obtain certified copies of statements or confessions recorded under See. 164 Crl. P. C. before the charge-sheet was filed. The judgment ... magistrate recording a statement or confession under Section 164 Crl. P. C. is performing a judicial act and the record would be a public document
Principal Sessions Judge has not understood the difference between the confession under Section 164 Code of Criminal Procedure and the statement under Section ... lower Appellate Court, the accused, who made a judicial confession, under Section 164 Code of Criminal Procedure, later on retracted the statement. It should
gave confession statements.
Admissible portion of the confession statement of A-2 is marked as Ex.P.28 and
as per his confession ... inadmissible in evidence.
Section 164(1) Cr.P.C. reads as under.
"164.Recording of confessions and statements.--(1) Any Metropolitan
Magistrate or Judicial
judicial confession statement of A.4 to PW.8, implicating all the four accused; and
(b) Confession statement of A.4 under Section 164 ... clause (4) of Section 164 Cr.P.C. It is useful to refer the relevant clause.
164. Recording of confessions and statements
exclude confessions otherwise admissible, and it only provides for the manner in which confessions made during a police investigation shall be recorded. The confession ... confession recorded by a magistrate holding an inquest Under Section 176 Cr.PC, and not empowered to record confessions Under Section 164
that a Magistrate, who was empowered to record a confession under Section 164 Crl. P. C. and grossly violated the requirements of that section, could ... confession that he had killed her. The Magistrate took down the. confession without observing any of the formalities required by Section 164
confession except in the manner
laid down in s. 164. The power to record the confession
had obviously been given so that the confession might ... Code showed that in
recording a statement or confession under s. 164, it was
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https://www.mhc.tn.gov.in/judis
Magistrate No.
5, Tirunelveli, since he wanted to give voluntary confession under Section 164 of
Cr.P.C. The confession was recorded before the concerned ... give a
confession. This so-called confession was subsequently retracted by A1.
➢ The confession that was recorded under Section 164
Section 164 : there is no dispute on this
point. It is to be noted that Section 164 simply mentions "any
statement or confession made ... Guja Majhi v. Emperor AIR 1917 Pat 247 a confession
recorded under Section 164 by a Magistrate was presumed to be
genuine under Section
