approach the subject of confessions and particularly of judicial confessions, as though every record or evidence of confession is to be treated as 'prima ... explain to the confessant that he was not bound to make a confession and that any confession made by him would be used as evidence
approach the subject of confessions and particularly of judicial confessions, as though every record or evidence of confession is to be treated as 'prima ... explain to the confessant that he was not bound to make a confession and that any confession made by him would be used as evidence
section. Sub-section (4) of Section 164 CrPC reads as follows:
164(4) Any such confession shall be recorded in the manner provided in Section ... Magistrate before recording confession shall explain to the person making confession that he is not bound to make a confession and if he does
confession. The true test is whether or not the
confession is voluntary. If a doubt is created regarding the voluntariness
of the confession, notwithstanding ... under
section 164 Cr.P.C. and that section 164 (5) Cr.P.C. prohibits
administration of oath in cases of confession. Drawing the
attention
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
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
held that:
".....this confession cannot be
taken in evidence as a Magistrate can record a confession under Section 164 Criminal Procedure Code during ... accused person to confess at any stage of the inquiry or trial but a record of his confession under Section 164 Cr. P. C. cannot
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
Code of Criminal Procedure s. 164-Confession recorded by
Magistrate not empowered to record it is inadmissible-So is
oral evidence of such Magistrate ... specially empowered by
the State Government to record a confession. The
confession, it is further stated, was recorded during, the
investigation of the case
confessions, for by Section 122 it empowered a Magistrate to record confessions in the manner therein prescribed. This section roughly corresponds with Section 164 ... Birley recorded the confessions, the enquiry had commenced, and that he could not in the circumstances record the confessions under Section 164 . The decision
