Wednesday 29 August 2018

Notes on recording of confession and statement by Magistrate (S 164 of CRPC)

S 164 of CRPC. Recording of confession and statements:-
1) Any metropolitan Magistrate  or Judicial magistrate may record any confession or statement made to him in the course of investigation or at any time afterwards before commencement of inquiry or trial;
provided that any confession or statement made under this section may also be recorded by audio-video electronic means in the presence of advocate of person accused of an offence:{inserted by amendment Act 2008 with effect from 31-12-2009}

Read important judgments on S 164 of CRPC:

2) Magistrate shall before recording any such confession,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 as evidence against him; and magistrate shall not record any such confession unless upon questioning the person making it ,he has reason to believe that it is being made voluntarily.
3) If at any time before confession is recorded,the person appearing before magistrate states that he is not willing to make confession,magistrate shall not authorize detention of such person in police custody.
4)Any such confession shall be recorded in the manner provided in S 281 of CRPC for recording examination of an accused person and shall be signed by person making the confession;and magistrate shall make a memorandum at the foot of such record.
5) Any statement (other than confession) made under Sub S (1) shall be recorded in such manner hereinafter provided for recording of evidence
and magistrate shall have power to administer oath to the person whose statement is so recorded.
[Inserted by Criminal law amendment Act 2013],
S 5A(a) In cases punishable under S 354,S 354A, S354B, S354C, and S 354D,Sub S (1) and (2) of S 376,S 376A,S 376B,S 376D,S 376E or S 509 of IPC,Judicial magistrate shall record statement of person against whom such offence has been committed in the manner prescribed in sub-section(5) as soon as the commission of the offence is brought to the notice of the police:
Provided that if the person making statement is temporarily or permanently mentally or physically disabled,the magistrate shall take assistance of an interpreter or a special educator in recording the statement:
Provided further that if the person making statement is temporarily or permanently mentally or physically disabled,statement made by the person,with the assistance of an interpreter or a special educator shall be videographed.
(b) A statement recorded under clause(a) of a person,who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination, as specified in S 137 of Indian Evidence Act such that the maker of statement can be cross examined on such statement,without the need for recording the same at the time of trial.
6) statements shall be forwarded.
S 281 of CRPC Record of examination of accused:-
S 80 of Evidence Act. Presumption as to documents  produced as record of evidence:-
Whenever any document is produced before any court,purporting to be a record or memorandum of evidence,or any part of evidence given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence,or to be a statement or confession by any prisoner or accused person, taken in accordance with law,and purporting to be signed by any Judge or magistrate,the court shall presume-
 that the document is genuine;that any statements as to circumstances under which it was taken,purporting to be made by person signing it,are true,and that such evidence ,statement or confession was duly taken.
Confessional statement:- Confessional statement when recorded in accordance with S 164 and S 364 of CRPC can be admitted in evidence without magistrate recording such statement being examined. (Madi Ganga v State AIR 1981 SC 1165).

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