statements, not as confessions under Section 164 , but as statements of accused persons under Section 364. The statements were not confessions of guilt, but contained ... under Section 164 . The statements did not purport to have been recorded under Section 164 and even if they could be regarded as confessions
objection under Sections 25 and 20 of the Evidence Act. Section 164 Crl. P. C. provides the machinery for the record of such confessions ... under Section 164 Crl. P. C. That section imposes a duty (it be his right as well) on the concerned magistrate to record a confession
consider the confession and not an earlier statement made by a witness or accused. Confession under Section 164 of the Code is only an earlier ... Indian Evidence Act . Even otherwise, Section 30 of the Indian Evidence Act does not equate confession recorded under Section 164 of the Code with
purposes of Section 26 , he has got to comply with the formalities for recording confessions under Section 164 of the Criminal Procedure Code. Whether ... confession but he refused to make a confession. The Coroner did not record the statement of the accused as a confession 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
genuine under Section 80 . Section 80 , which is applicant to a confession recorded by a Magistrate under Section 164 of the Code cannot be held ... because it is also recorded by a Magistrate under Section 164 . Section 80 applies to a confession because it is expressly mentioned
recorded under Section
164 before him. It is not that, as has been observed by the High Court that
statement under Section 164 ... magistrate.
Sub-section(4) of Section 164 provides that the confession so
recorded shall be in the manner provided in Section 281 and it shall
understood the difference between the confession under Section 164 Code of Criminal Procedure and the statement under Section 40(3) of FERA and because ... lower Appellate Court, the accused, who made a judicial confession, under Section 164 Code of Criminal Procedure, later on retracted the statement. It should
between the spirit underlying the said section and Section 29 , Evidence Act.
21. Section 164 provides for the manner in which confessions should be recorded ... acted and has not even purported to act: under Section 164 , when Section 164 obviously applied, Section 5331 cannot be invoked to render the Magistrate
Parliament expressly stipulated certain duties Under Section 164(2) CrPC on the Judicial Magistrate recording statement Under Section 164 CrPC. It would be strange logic ... said Sub-section. Sub-section (4) of Section 164 CrPC reads as follows:
164(4) Any such confession shall be recorded in the manner provided
