Vijay Shankar Pandey vs Union Of India Through on 20 December, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
person making the confession.
Section 164(4) of Cr.P.C. is reproduced as under:-
164. Recording of confessions and statements:-
(4) Any such confession ... Court Rules also state that in recording a statement or confession under Section 164 Cr.P.C., the provisions of that section and provision
that no Magistrate shall record any
statement or confession made by an accused under Section 164 of the Code
until the Magistrate has first recorded ... that
the inquiry officer went wrong in accepting the retracted confession under
Section 164 Cr.PC statement, since it was legally and factually
reported in 1978 3 SCC 435, while dealing with judicial confession recorded under Section 164 of the Code of Criminal Procedure held that a confession ... reported in (1978) 3 SCC 435, while dealing with judicial confession recorded under Section 164 of the Code of Criminal Procedure held that a confession
confession statement,
the evidentiary value of the confession statement, has to be carefully
looked into. It is true that in Section 164 Cr.PC statement ... only did not rely on the retracted confession statement, but had held
that the confession statements were improperly recorded. The inquiry
officer could not have
Second Class not specially empowered had purported
to record a confession under Section 164. The principle
applied in that decision would however equally prevent such ... Singh and Others ) was related to recording the confession
by the Magistrate second class, under section 164 of Cr.P.C. in which
Judicial Magistrate
only did not rely on the retracted confession statement, but had held
that the confession statements were improperly recorded. The inquiry
officer could not remain ... that
the inquiry officer went wrong in accepting the retracted confession
under Section 164 Cr.PC statement, since it was legally and factually
Shree Global Tradefin Ltd, Mumbai vs Dcit Cen Cir 5(1), Mumbai on 15 October
extracted below :-
"These statements are not confessions recorded by a Magistrate under Section 164 of the Code of Criminal Procedure but are statements made ... confessions are received, also against a co-accused jointly tried with him. Section 30 of the Evidence Act does not limit itself to confessions made
reported in (1978) 3 SCC 435, while dealing with judicial confession recorded under Section 164 of the Code of Criminal Procedure held that a confession