make the confession, the Magistrate shall not authorise the detention of such person in police custody. (4) Any such confession shall be recorded ... statement, without the need for recording the same at the time of trial.] (6) The Magistrate recording a confession or statement under this section shall
21st December.
After he expressed the desire to make the confession, his statement was
recorded by PW60 in his own handwriting allegedly ... Shaukat
confessed having been parties to the conspiracy to launch an attack on the
Parliament House. The details of the confessions will be adverted
declaration made by the person
making the confession that the said confession recorded on
the mechanical device has been correctly recorded in his
presence shall ... recorded in the mechanical device at
the end of the confession.
(5) Every confession recorded under the said section 15
shall be sent forthwith
confession-Records of confession not held to be admissible
by the trial Court-The Magistrate gives oral evidence of
confession-The records used to refresh ... power to record the confession had obviously been
given so that the confession might be proved by the record
of it made in the manner
second part of the confession of A-
117. Similarly, on 29.04.1993, the confession of A-118 was recorded by PW-
193 which remained un-retracted ... been duly recorded by PW-193 who has proved
the compliance with the provisions of law while recording the confession.
The abovesaid confession
administer oath to
the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under
this section shall forward ... such precaution was taken before
recording the judicial confession.
29. The confession is also not recorded in questions-and-
answers form which is the manner
inference that the confession was not
voluntary.
Dismissing the appeal, the Court
HELD : 1. A confession recorded u/s 164 Criminal Procedure
Code, if voluntarily ... conclusion about
the confession being voluntary is that it was not retracted
at the earliest opportunity. The confession was recorded on
June
evidence of the Magistrate to prove the confession
was inadmissible. In the present case therefore the
confession recorded by the Tahsildar was inadmissible ... empowered by
the State Government to record a confession. The
confession, it is further stated, was recorded during, the
investigation of the case
with the recording of a judicial confession by a
judicial magistrate and see whether the judicial confession
recorded ... provisions of Section
164 relating to the recording of confession. The confession
was not recorded according to the procedure and the record of
the confession
declaration made by the
person making the confession that the said confession
recorded on the mechanical device has been correctly
recorded in his presence shall ... recorded in the
mechanical device at the end of the confession.
(5) Every confession recorded under the said Section 15 shall
be sent forthwith
