person making the confession.
Section 164(4) of Cr.P.C. is reproduced as under:-
"164. Recording of confessions and statements:-
...
(4) Any such ... Court Rules also state that in recording a statement or
confession under Section 164 Cr.P.C., the provisions of that section and
provision
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
includes a Magistrate
who is not especially empowered to record confessions
under Section 164 of the Code or a Magistrate so
empowered but receiving ... confession at a stage when
Section 164 does not apply. As to extra-judicial confessions,
two questions arise : (i) were they made voluntarily
Section 164 of the Code. Section 164 confers a power on Magistrates specified in Sub-section (1) thereto to record any statement or confession made ... held : "A Magistrate recording a statement or confession under Section 164 Cr.P.C. is performing a judicial act and the record would
includes a Magistrate who is not especially empowered to record
confessions under Section 164 of the Code of Criminal Procedure, 1973 (in short ... Magistrate so empowered but receiving the confession at a stage
when Section 164 does not apply. As to extra-judicial confessions, two questions
arise
Criminal Procedure Code . because section 281 has reference only to section 164 Criminal Procedure Code . vide sub-sectiol (4) thereof and not to section ... Criminal Procedure Code . only to purposes of recording of confessions under section 164 Criminal Procedure Code . In order to make a confession recorded under section
confession before the Magistrate. Is such statement substantive
evidence? What is the purpose of recording the statement or
confession under Section 164 ? What would ... custody of the
person. Though, Section 164 does provide for safeguards to
ensure that the statement or a confession is a voluntary affair
confession except in the manner laid down in Section 164. The
power to record the confession had obviously been given so that
the confession might ... laid down. If proof of the confession by other means was
permissible, the whole provision of Section 164 including the
safeguards contained
discussed by the Additional Sessions Judge as under:-
(1)Confession recorded under Section 164 Criminal Procedure Code .
(2)motive.
(3)Conduct and words ... police and has made a confession, it is important that the magistrate before recording such confession under Section 164 Criminal Procedure Code should ascertain
confession except in the manner laid down in Section 164. The
power to record the confession had obviously been given so that the
confession might ... laid
down. If proof of the confession by other means was permissible, the whole
provision of Section 164 including the safeguards contained
