As has been mentioned under Section 164 of the Criminal Procedure Code, 1973 a Metropolitan Magistrate or Judicial Magistrate, even if he does not have jurisdiction in the case, he will have the authority to record a confession made to him by a person, the statement has to be recorded during the course of investigation or even after it, however before the inquiry or trial.
The Section 164 of the CrPC provides about both- confessional and non- confessional statements. As per the CrPC, Section 164 provides for a special provision for recording the confessions when they are made freely and voluntarily and not under any duress or influence. The statements recorded under this Section would have more substantive value than a non-confessional statement.
Any confession which has been made to the magistrate under the Section 164, can be recorded as an audio or video in the presence of the advocate of the accused.
Confession-
A Confession is a statement admitting the commitment of a crime which was committed by the person making the confession. A statement will not be a confession if the person making such statement has not admitted his guilt.
An accused person can appear before the magistrate as well to have his statement recorded without producing him before the police during the investigation.
Discretion of the Magistrate:
When a person is produced before the magistrate by the police so as to record his statement under Section 164 of the CrPC, in such a case, firstly his statement shall be recorded under Section 161 of the CrPC.
A person can get his statement recorded on his own accord to the Magistrate, however the Magistrate will have the discretion to deny any such request. The Magistrate will have enough discretion to refuse a person from recording his statement, if the police report or other records already have disclosed the fact which he intends to record.
Statement of the Victim:
As soon a matter has been brought before the Magistrate, he will record the statement of the victim of sexual offences as has been provided under Section 164(5A) of the CrPC.
The statement recorded above must be used during the examination -in- chief which shall not be required to be recorded again during the trial stage. However, the victim would be cross-examined.
Confession could be recorded in an open Court-
Generally, confessions must be recorded in open courts, however there are certain situations where the statements made could also be recorded at the residence of the magistrate, jail or some other such place.
The statements could also be recorded after the court hours.
A confession which could be recorded by the Magistrate at a police station would not be admissible.
In case a person comes to confess directly from the police station, then in this case he will be first sent to the jail custody for a day before recording his statement, this is done to ensure that any such statement made by him is not made under some duress as per the provisions of the law.
Taking an Oath is necessary for non- confessional statements-
A non- confessional statement will be recorded in the same way as an evidence is recorded.
A Magistrate would administer an oath to the person who is getting his statement recorded.
After having his statement recorded, such person would then sign his statement.
Statements so recorded are public record-
Provided under Section 74 of the Evidence Act, a recorded statement under the provision of the Section 164 of the CrPC will be a public statement. It would be presumed to be genuine and that such statement is recorded without any pressure or duress.
In the Case of Guruvind Palli Anna Rao and Ors. v State of Andhra Pradesh, it was held by the Court that the statements which are recorded by the witnesses under Section 164 CrPC are Public Documents and no formal proof would be required for them. Thus it will not be necessary to summon the Magistrate who has recorded these statements.
As these statements are Public Records, an application for their copy could not be denied.
Irregularities while recording a confession:
The magistrate would have to follow the procedure prescribed under Section 164 of the CrPC when recording the statements.
Any defect or irregularity, if found during the process, could not be easily rectified. Therefore, it is important that strict compliance is observed while following the procedure prescribed under Sections 164 and 281 of the CrPC.
Confession
A statement which is recorded before the Magistrate under Section 164 of the CrPC could be a confession or any other statement which may not be a confession. The statement so recorded before the magistrate will be a substantive evidence. Hence , it is necessary that you seek the advice of Top 10 Lawyers In Jaipur or Top 10 Lawyers In Delhi, who would be able to provide you with necessary guidance to the related provisions of law, before you make any statement before the Magistrate.
Lead India offers you a wide pool of experienced lawyers who have successful track record of handling cases related to criminal offences, including assisting their client during an inquiry or trial in the Court. Therefore, if you wish to talk to a lawyer or free legal online advice from theTop 10 Lawyers In Bangalore, you may contact us.
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