appellants submitted that it would be
dangerous to rely on the confession made in the presence of an
Executive Magistrate as he is a part ... that the mandatory procedure under Section 164
Cr.P.C., which was applicable for Judicial Magistrate for
recording confession therein, is not to be found
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
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
regards the consequence of confession and that he was not bound
to make confession as per requirement of Section 164(2) CrPC and remanded ... back to
police again, even if, he does not make confession. Eventually the confession (Ext.5) was
recorded on 27.01.2011. The sequence of events from
being stated by me.
Sd/-
Jatinderveer Arora
Confession under Section 164 Cr.P.C.
Q: - For what work have you come to Court today ... threat,
under these circumstances undersigned not opted to record
his confession u/s 164 Cr.P.C. Let SSP, Bathinda as well as
Superintendent
rely upon a
confession, much less on a retracted confession, unless the court is
satisfied that the retracted confession is true and voluntarily made ... below or this Court, solely on the basis of his confession made
under Section 164 of the Code. The confession has been corroborated by
enough
provision deals with recording of confessions and
statements. Section 164(2) requires that the Magistrate shall,
before recording any "confession", explain ... exercise caution to ensure that the confession is voluntary.
Although as evident from a reading of Section 164(2) the
statute does not specify that
includes a Magistrate who is not
especially empowered to record confessions under
Section 164 of the Code of Criminal Procedure, 1973
(for short the `Code ... Magistrate so empowered
but receiving the confession at a stage when under
Section 164 of the Code does not apply. As to extra-
judicial confessions
includes a Magistrate who is not
especially empowered to record confessions under Section
164 of the Code of Criminal Procedure, 1973 (for short the
`Code ... Magistrate so empowered but receiving the
confession at a stage when under Section 164 of the Code
does not apply. As to extra-judicial confessions
Municipal Corporation Of Greater ... vs Abhilash Lal on 15 November, 2019
Equivalent citations: AIRONLINE 2019
