The plea regarding absence of a counsel during proceedings before the
Magistrate under section 164, CrPC resulting into any prejudice, are
misconceived. What mandatorily is needed, as noted earlier, is that the
Magistrate must satisfy himself of the voluntariness of the statement and all
the statutory safeguards which includes bringing the repercussions and the
voluntariness of making confessions to the knowledge of the accused, must
be meticulously complied with. It is pertinent to take note of the first Proviso to
Section 164(1), added with effect from 31.12.2009, which specifies that:
“Provided that any confession or statement made under this subsection
may also be recorded by audio-video electronic means in the
presence of the advocate of the person accused of an offence.”
(emphasis supplied)
41. Section 164 of the Code thus does not contemplate that a confession or
statement should necessarily be made in the presence of the advocate(s),
except, when such confessional statement is recorded with audio-video
electronic means.
REPORTABLE
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
REVIEW PETITION (CRL.) NOS. 446-447 OF 2019
IN
CRIMINAL APPEAL NOS. 1174-1175 OF 2019
Manoharan Vs State by Inspector of Police,
SURYA KANT, J.
Dated:NOVEMBER 07, 2019.
