CONFESSION OR STATEMENT UNDER SECTION 164 CR. PC (See. Section 164 CR. PC and High Court Rules and Orders, Volume-III, Chapter-13) IMPORTANT FEATURES OF CONFESSION OR STATEMENT i. Statement or Confession made in the course of an investigation can be recorded by any Magistrate of the 1st class and any Magistrate of 2nd Class who has been specially empowered by the provincial Government. ii. It is not necessary that the Magistrate recording a Confession or Statement should be a Magistrate having jurisdiction in the case. iii. Before recording it must be ascertained that he is the accused or witness whose statement or confession is to be recorded. iv. In above both situations the procedure will be entirely different, which can be understood from following table. Distinction of confession and statement CONFESSION STATEMENT Confession shall be recorded in a manner provided under section 364 Cr. PC. Statement shall be recorded in a manner prescribed for recording of evidence (Chapter XL, Ss. 503 to 508-A, Cr. PC). Confession shall not be recorded on oath otherwise it is inadmissible. Statement shall be recorded on oath. It shall be recorded in presence of accused (if arrested or on bail) with a right to him to cross-examine the witness. Confession in Hadood cases cannot be recorded by a Magistrate.It can be recorded either at the instance of complainant, witness himself or at the instance of Police. Confession or statement can be recorded in the course of an investigation under this Chapter at any time afterwards before the commencement of the inquiry or trial. v. Before recording any such Confession the Magistrate shall explain to the person making it that he is not bound to make a Confession and that if he does so, it may be used in evidence against him. vi. No Magistrate shall record any such Confession, unless upon questioning the person making it, he has reason to believe that it is made voluntarily. vii. Confession/statement recorded should not be handed over to police but to the Court concerned. {See S. 164 (2) Cr. PC}. (After recording it is to be sealed. In some districts sealed envelope is sent to the Court concerned through the Sessions Judge. In some areas it is sent to Sessions Judge, which is retained in his office. On receiving of challan the Court concerned summons the same from that office). viii. Copy of recorded confession/statement may be given to police. (See. High Court Rules & Orders, Volume III, Chapter 13). ix. The Magistrate shall, as required by section 164 (3) Cr. PC, explain to the accused that he is not bound to make a confession and if he does so it may be used as evidence against him. He shall than put and record answers to the questions. (See the require questions subsequently). x. If the answers are of such a character as to require him to do so, the Magistrate should put such further questions as may be necessary to enable him to judge whether the accused person is acting voluntarily. xi. In arriving at his conclusion the Magistrate should consider inter-alia the period during which the accused has been in police custody. (Delayed confession has normally been seen by the Superior and Higher Courts with doubts). xii. Magistrate will make sure that Confession is not the result of any undue influence or ill treatment. xiii. Special care should be taken when women or children are produced by police for Confession being recorded. xiv. The memorandum set forth in section 164 (3) must be appended at the foot of the record of the Confession, which is as under: - “I have explained to the accused (NAME) that he is not bound to make Confession and that if he does so, any Confession he may make may be used as evidence against him and I believe that his Confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it, and admitted to be correct and it contains a full and true account of the Statement made by him. JUDICIAL MAGISTRATE Standard Questions to be put to an accused Q. No.1. Do you understand that you are not bound to make a Confession? Ans. Q.No.2. Do you understand that your statement is being recorded by Magistrate, and that if you make a Confession, it may be used as evidence against you? Ans. Q.No.3. Do you understand that after making a statement before me you will not be remanded to Police custody but will be sent to judicial lock up? Ans. Q.No.4. Understanding these facts are you making a statement before me voluntarily? Ans. SIGNATURE OF ACCUSED JUDICIAL MAGISTRATE Note. It must be kept in mind that a Magistrate who records the statement or confession, at a subsequent stage he has to appear in trial Court concerned as a witness to prove that statement or confessing.
Posted on: Wed, 15 Oct 2014 09:03:20 +0000
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