CONFESSION?

CONFESSION

IS A STATEMENT

MADE BY A PERSON

ACCUSED OF ANY OFFENCE

BY WHICH HE ADMITS HIS GUILT

OR SUBSTANTIALLY ALL THE FACTS

WHICH CONSTITUTES SUCH OFFENCE.

TYPES OF CONFESSION?
 CONFESSION IS OF TWO TYPES

 (1) JUDICIAL CONFESSION

 (2) EXTRA JUDICIAL CONFESSION

 WHEN A CONFESSION IS MADE BEFORE A MAGISTRATE IT IS CALLED

AS JUDICIAL CONFESSION AND

 WHEN IT IS MADE BEFORE ANY PERSON OTHER THAN MAGISTRATE

IT IS CALLED AS EXTRA JUDICIAL CONFESSION.
PROVISIONS FOR RECORDING CONFESSION?
 SECTION 164 - RECORDING OF CONFESSIONS AND STATEMENTS

 ANY METROPOLITAN MAGISTRATE

 OR JUDICIAL MAGISTRATE MAY,

 WHETHER OR NOT HE HAS JURISDICTION IN THE CASE,

 RECORD ANY CONFESSION OR STATEMENT

 MADE TO HIM IN THE COURSE OF AN INVESTIGATION

 UNDER THIS CHAPTER OR UNDER ANY OTHER LAW FOR THE TIME
BEING IN FORCE,

 OR AT ANY TIME AFTERWARDS BEFORE THE COMMENCEMENT OF THE

INQUIRY OR TRIAL:
Confession Recording by Police Commissioners?

 NO.

 “PROVIDED THAT NO CONFESSION SHALL BE RECORDED BY A

POLICE OFFICER

 ON WHOM

 ANY POWER OF A MAGISTRATE HAS BEEN CONFERRED UNDER

ANY LAW FOR THE TIME BEING IN FORCE.”
Continued--
 (2) THE 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
THE
 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 THE CONFESSION IS RECORDED,
 THE PERSON APPEARING BEFORE THE MAGISTRATE STATES THAT
HE IS NOT WILLING TO MAKE THE CONFESSION,
 THE MAGISTRATE SHALL NOT AUTHORISE THE DETENTION OF
SUCH PERSON IN POLICE CUSTODY.
Continued--
 ( 4 ) ANY SUCH CONFESSION SHALL BE RECORDED IN THE
MANNER PROVIDED IN SECTION 281

 FOR RECORDING THE EXAMINATION OF AN ACCUSED PERSON

 AND SHALL BE SIGNED BY THE PERSON MAKING THE

CONFESSION;

 AND THE MAGISTRATE SHALL MAKE A MEMORANDUM AT THE

FOOT OF SUCH RECORD TO THE FOLLOWING EFFECT:-
Continued--
 "I HAVE EXPLAINED TO (NAME) THAT HE IS NOT BOUND TO
MAKE A CONFESSION AND THAT, IF HE DOES SO, ANY
CONFESSION HE MAY MAKE MAY BE USED AS EVIDENCE
AGAINST HIM AND I BELIEVE THAT THIS CONFESSION WAS
VOLUNTARILY MADE. IT WAS TAKEN IN MY PRESENCE AND
HEARING, AND WAS READ OVER TO THE PERSON MAKING IT
AND ADMITTED BY HIM TO BE CORRECT, AND IT CONTAINS A
FULL AND TRUE ACCOUNT OF THE STATEMENT MADE BY HIM.

(SIGNED) A. B .
MAGISTRATE
Who is empowered to record judicial confession?

 AS PER SECTION 164 CR.P.C

 JUDICIAL CONFESSION

 CAN BE RECORDED BY

 ANY METROPOLITON MAGISTRATE OR JUDICIAL MAGISTRATE.

Whether Jurisdiction is essential for recording
of confession by the Magistrate?

 NO,

 JURISDICTION IS NOT NECESSARY FOR RECORDING OF THE

CONFESSION.

 ACCORDING TO SECTION 164 CR.P.C. CONFESSION CAN BE

RECORDED BY ANY METROPOLITAN MAGISTRATE OR JUDICIAL
MAGISTRATE

 WHETHER HE HAS JURISDICTION OR NOT.

WHEN CONFESSION CAN BE RECORDED BY MAGISTRATE?

 ACCORDING TO SECTION 164 CR.P.C. CONFESSIONS CAN BE

RECORDED BY

 ANY METROPOLITAN MAGISTRATE OR

 JUDICIAL MAGISTRATE

 MADE TO HIM DURING THE COURSE OF AN INVESTIGATION

OR

 AT ANY TIME AFTERWARDS BEFORE THE COMMENCEMENT OF

INQUIRY OR TRIAL
WHETHER ONLY CONFESSION CAN BE RECORDED UNDER
SECTION 164 CR.P.C.?

 AS PER SECTION 164(5) ANY STATEMENT OTHER THAN CONFESSION MADE

UNDER SUBSECTION SHALL BE RECORDED

 IN THE MANNER PROVIDED FOR THE RECORDING THE EVIDENCE AS IS, IN

THE OPINION OF THE MAGISTRATE, BEST FITTED TO THE CIRCUMSTANCES
OF THE CASE AND THE MAGISTRATE SHALL HAVE THE POWER TO
ADMINISTER OATH TO THE PERSON WHOSE STATEMENT IS SO RECORDED.

 THE MAGISTRATE RECORDING A CONFESSION OR STATEMENT UNDER THIS

SECTION SHALL FORWARD IT THE MAGISTRATE BY WHOM THE CASE IS TO
BE INQUIRED INTO OR TRIED.
WHAT ARE THE CASES IN WHICH RECORDING THE STATEMENT OF A
WITNESS IS MANDATORY UNDER SECTION 164CR.P.C.?

 AS PER SECTION 164(5A)CR.P.C.

 IN CASES PUNISHABLE UNDER SECTION 354, SECTION 354A, SECTION 354B,

SECTION 354C, SECTION 354D, SUB-SECTION (1) OR SUB-SECTION (2) OF
SECTION 376, SECTION376A, SECTION 376AB, SECTION 376B, SECTION 376C,
SECTION 376D, SECTION 376 DA, SECTION 376 DB SECTION 376E OR
SECTION 509 OF THE INDIAN PENAL CODE,

 THE JUDICIAL MAGISTRATE SHALL RECORD THE STATEMENT OF THE

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 THE STATEMENT IS TEMPORARILY

OR PERMANENTLY MENTALLY OR PHYSICALLY DISABLED, THE MAGISTRATE
SHALL TAKE THE ASSISTANCE OF AN INTERPRETER OR A SPECIAL
EDUCATOR IN RECORDING THE STATEMENT:
WHETHER STATEMENT UNDER SECTION 164 CR.P.C CAN BE RECORDED
BY MAGISTRATE WITHOUT BEING THE WITNESS FORWARDED BY
INVESTIGATIVE AGENCY?

 NO

 THE WITNESS MUST BE FORWARDED BY THE INVESTIGATIVE

AGENCY AND

 A REQUEST MUST BE MADE BY THE INVESTIGATING OFFICER TO

MAGISTRATE FOR RECORDING THE STATEMENT OF WITNESS
UNDER SECTION 164 CR.P.C.

JOGENDRA NAHAK & ORS VS STATE OF ORISSA & ORS AIR SC1999
(P) 2565
WHEN VIDEOGRAPHY IS NECESSARY AT THE TIME OF RECORDING THE
STATEMENT UNDER SECTION 164CR.P.C.?

 PROVIDED FURTHER

 THAT IF THE PERSON MAKING THE STATEMENT IS

 TEMPORARILY OR PERMANENTLY MENTALLY OR PHYSICALLY

DISABLED,

 THE STATEMENT MADE BY THE PERSON,

 WITH THE ASSISTANCE OF AN INTERPRETER OR A SPECIAL

EDUCATOR,

 SHALL BE VIDEO GRAPHED

WHAT IS THE PROCEDURE PROVIDED IN THE SECTION 281 CR.P.C.?

 AS PER SECTION 281(1) WHENEVER THE ACCUSED IS EXAMINED BY THE

METROPOLITAN MAGISTRATE, THE MAGISTRATE SHALL MAKE A
MEMORANDUM OF THE SUBSTANCE OF EXAMINATION OF THE ACCUSED
IN THE LANGUAGE OF THE COURT AND SUCH MEMORANDUM SHALL BE
SIGNED BY THE MAGISTRATE AND SHALL FORM PART OF THE RECORD.

 (2) WHENEVER THE ACCUSED IS EXAMINED BY ANY MAGISTRATE OTHER

THAN A METROPOLITAN MAGISTRATE, OR BY A COURT OF SESSION, THE
WHOLE OF SUCH EXAMINATION, INCLUDING EVERY QUESTION PUT TO
HIM AND EVERY ANSWER GIVEN BY HIM, SHALL BE RECORDED IN FULL
BY THE PRESIDING JUDGE OR MAGISTRATE HIMSELF OR WHERE HE IS
UNABLE TO DO SO OWING TO A PHYSICAL OR OTHER INCAPACITY,
UNDER HIS DIRECTION AND SUPERINTENDENCE BY AN OFFICER OF THE
COURT APPOINTED BY HIM IN THIS BEHALF.
CONTINUED---
 (3) THE RECORD SHALL, IF PRACTICABLE, BE IN THE LANGUAGE IN
WHICH THE ACCUSED IS EXAMINED OR, IF THAT IS NOT PRACTICABLE IN
THE LANGUAGE OF THE COURT

 (4) THE RECORD SHALL BE SHOWN OR READ TO THE ACCUSED, OR, IF HE

DOES NOT UNDERSTAND THE LANGUAGE IN WHICH IT IS WRITTEN,
SHALL BE INTERPRETED TO HIM IN A LANGUAGE WHICH HE
UNDERSTANDS, AND HE SHALL BE AT LIBERTY TO EXPLAIN OR ADD TO
HIS ANSWERS.

 (5) IT SHALL THEREAFTER BE SIGNED BY THE ACCUSED AND BY THE

MAGISTRATE OR PRESIDING JUDGE, WHO SHALL CERTIFY UNDER HIS
OWN HAND THAT THE EXAMINATION WAS TAKEN IN HIS PRESENCE AND
HEARING AND THAT THE RECORD CONTAINS A FULL AND TRUE
ACCOUNT OF THE STATEMENT MADE BY THE ACCUSED.

 (6) NOTHING IN THIS SECTION SHALL BE DEEMED TO APPLY TO THE

EXAMINATION OF AN ACCUSED PERSON IN THE COURSE OF A SUMMARY
TRIAL.
WHETHER OATH IS REQUIRED TO BE ADMINISTERED TO A
PERSON MAKING THE CONFESSION BEFORE THE
MAGISTRATE?

 NO, NOTHING IS PROVIDED IN SECTION 281 OF 164 OF

Cr.P.C

 ADMINISTERING OATH TO ACCUSED WHILE RECORDING

CONFESSION IS VOILATIVE OF ARTICLE 20(3) OF CONSTITUTION.

 (STATE OF SIKKIM VS SURAIN RAI, CRIMINAL APPEAL 16/2017

DECIDED ON 10-3-18)
WHAT ARE THE DIRECTIONS WHICH ARE NORMALLY FOLLOWED BY THE
MAGISTRATES BEFORE RECORDING THE CONFESSION?

 1 AFTER GIVING THE WARNING TO THE PERSON MAKING THE

CONFESSION THE MAGISTRATE SHOULD GIVE HIM ADEQUATE
TIME TO THINK AND REFLECT. A R KHEIMA VS STATE OF
SAURASHTRA AIR 1956SC217

 2 NORMALLY SUCH PERSON, IF COMING FROM POLICE CUSTODY,

IS SENT TO JAIL IN JUDICIAL CUSTODY AT LEAST FOR A DAY
BEFORE HIS CONFESSION IS RECORDED. THE OBJECT OF GIVING
SUCH TIME FOR REFLECTION TO THE ACCUSED IS TO ENSURE
THAT HE IS COMPLETELY FREE FROM POLICE INFLUENCE.
SHANKARIA VS STATE OF RAJASTHAN 1978 SCC(CRI)439
Continued--
 3 EVERY ENQUIRY MUST BE MADE FROM THE ACCUSED AS TO
THE CUSTODY FROM WHICH HE WAS PRODUCED AND AS TO
THE CUSTODY TO WHICH HE WAS TO BE CONSIGNED AND
TREATMENT HE HAD BEEN RECEIVING IN SUCH CUSTODY. IF
MARKS OF INJURIES ARE FOUND ON THE PERSON OF THE
ACCUSED, HE SHOULD BE ASKED HOW TO RECEIVE THEM.
SARWAN SINGH VS STATE OF PUNJAB AIR1957 SC637

 4 IF THE ACCUSED IS HANDCUFFED, THE MAGISTRATE SHOULD

ORDER TO REMOVE THE HANDCUFFS.
Continued--
 5 THE ACCUSED SHOULD BE ASSURED, IN PLAIN TERMS, OF
PROTECTION FROM ANY SORT OF APPREHENDED TORTURE OR
PRESSURE FROM POLICE.

 6 THE ACCUSED SHOULD PARTICULARLY BE ASKED THE REASON

WHY HE IS GOING TO MAKE CONFESSION

 7 THE MAGISTRATE MUST APPLY HIS JUDICIAL MIND TO THE TASK

OF ASCERTAINING THAT THE ACCUSED IS GOING TO MAKE THE
STATEMENT VOLUNTARILY.

 8 MAGISTRATE MUST SEE THE MENTAL CONDITION OF ACCUSED

BEFORE RECORDING THE CONFESSION.
Continued--
 9 IF ACCUSED KNOWS HOW TO WRITE, HE MAY BE ASKED TO
WRITE OUT HIS OWN CONFESSIONAL STATEMENT

 10 THE MAGISTRATE MUST EXPLAINS TO THE ACCUSED HIS

CONSTITUTIONAL RIGHTS UNDER ARTICLE 22(1) OF THE
CONSTITUTION AS WELL AS THE PROVISION OF SECTION 303
CR.P.C. ABOUT HIS RIGHT TO CONSULT THE ADVOCATE OF HIS
CHOICE BEFORE RECORDING THE CONFESSION.

 HOWEVER, THE ABOVE GUIDELINES ARE MINIMUM AND NOT

EXHAUSTIVE; THIS IS THE DUTY OF THE MAGISTRATE TO APPLY
HIS JUDICIAL MIND AND PROVIDES ALL THE SAFEGUARDS TO THE
ACCUSED PERSON GOING TO MAKE CONFESSION.
GUIDELINES OF MADRAS HIGH COURT FOR
RECORDING CONFESSION
 1-THE INVESTIGATING OFFICER SHALL MAKE AN APPLICATION BEFORE THE CMM/CJM
FOR NOMINATING A MAGISTRATE, OTHER THAN THE JURISDICTIONAL MAGISTRATE,
TO RECORD THE CONFESSION STATEMENT OF AN ACCUSED.

 2-AFTER RECORDING THE CONFESSION STATEMENT OF AN ACCUSED, THE

RECORDING MAGISTRATE SHALL ARRANGE TO TAKE TWO PHOTOCOPIES OF THE
SAME UNDER HIS DIRECT SUPERVISION AND CERTIFY THE SAME AS TRUE COPIES.

 THE CONFESSION STATEMENT, IN ORIGINAL, SHALL BE SENT IN A SEALED COVER TO

THE JURISDICTIONAL MAGISTRATE OR COURT, AS THE CASE MAY BE, THROUGH A
SPECIAL MESSENGER OR BY REGISTERED POST WITH ACKNOWLEDGMENT DUE.

 3-ONE CERTIFIED COPY OF THE CONFESSION STATEMENT SHALL BE IMMEDIATELY

FURNISHED TO THE INVESTIGATING OFFICER FREE OF COST, WITH A SPECIFIC
DIRECTION TO HIM, TO USE IT ONLY FOR THE PURPOSE OF INVESTIGATION AND NOT
TO MAKE ITS CONTENTS PUBLIC, UNTIL THE INVESTIGATION IS COMPLETED AND
FINAL REPORT FILED.

 4-THE OTHER CERTIFIED PHOTOCOPY OF THE CONFESSION STATEMENT SHALL BE

KEPT IN A SEALED COVER IN THE SAFE CUSTODY OF THE RECORDING MAGISTRATE.
(CRL.O.P. NO.12148 OF 2017 DECIDED ON 15/09/2017, MADRAS HIGH COURT)
Duties of Investigating officer in getting the statement
of witness recorded under section 164 Cr.P.C.
 IT IS OFTEN FOUND THAT WHEN STATEMENT OF VICTIM OF RAPE IS
RECORDED BY MAGISTRATE UNDER SECTION 164 OF CR.P.C.., THE
INVESTIGATING OFFICER IS SUPPOSE TO APPLY TO THE MAGISTRATE FOR
PERUSING AND COPYING IT AND SOME TIME IT CAUSES A CONSIDERABLE
DELAY IN THE INVESTIGATION.

 TO OVERCOME WITH THIS SITUATION THE HON’BLE SUPREME COURT IN

CASE OF STATE OF KARNATAKA BY NONAVINAKERE POLICE VS. SHIVANNA
ALIAS TARKARI SHIVANNA [(2014) 8 SCC 913] OBSERVED AND DECLARE IT AS
LAW UNDER ARTICLE 142 OF THE CONSTITUTION WHICH IS AS FOLLOWS:-

 (I) UPON RECEIPT OF INFORMATION RELATING TO THE COMMISSION OF

OFFENCE OF RAPE, THE INVESTIGATING OFFICER SHALL MAKE IMMEDIATE
STEPS TO TAKE THE VICTIM TO ANY METROPOLITAN/PREFERABLY JUDICIAL
MAGISTRATE FOR THE PURPOSE OF RECORDING HER STATEMENT
UNDER164.P.C.

 A COPY OF THE STATEMENT UNDER164.P.C. SHOULD BE HANDED OVER TO

THE INVESTIGATING OFFICER IMMEDIATELY WITH A SPECIFIC DIRECTION
THAT THE CONTENTS OF SUCH STATEMENT UNDER164.P.C. SHOULD NOT BE
DISCLOSED TO ANY PERSON TILL CHARGE SHEET/REPORT UNDER173.P.C. IS
FILED.
Continued-

 (II) THE INVESTIGATING OFFICER SHALL AS FAR AS POSSIBLE TAKE

THE VICTIM TO THE NEAREST LADY METROPOLITAN/PREFERABLY
LADY JUDICIAL MAGISTRATE.

 (III) THE INVESTIGATING OFFICER SHALL RECORD SPECIFICALLY THE

DATE AND THE TIME AT WHICH HE LEARNT ABOUT THE
COMMISSION OF THE OFFENCE OF RAPE AND THE DATE AND TIME
AT WHICH HE TOOK THE VICTIM TO THE
METROPOLITAN/PREFERABLY LADY JUDICIAL MAGISTRATE AS
AFORESAID.
Continued-
(V) MEDICAL EXAMINATION OF THE VICTIM: 164A CR.P.C..INSERTED BY ACT 25 OF 2005
IN CR.P.C. IMPOSES AN OBLIGATION ON THE PART OF INVESTIGATING OFFICER TO GET
THE VICTIM OF THE RAPE IMMEDIATELY MEDICALLY EXAMINED.

A COPY OF THE REPORT OF SUCH MEDICAL EXAMINATION SHOULD BE IMMEDIATELY

HANDED OVER TO THE MAGISTRATE WHO RECORDS THE STATEMENT OF THE VICTIM
UNDER164.P.C.

HENCE EXERCISING POWERS UNDER142THE CONSTITUTION, WE ARE PLEASED TO

ISSUE INTERIM DIRECTIONS IN THE FORM OF MANDAMUS TO ALL THE POLICE
STATION IN CHARGE IN THE ENTIRE COUNTRY TO FOLLOW THE DIRECTION OF THIS
COURT WHICH ARE AS FOLLOWS:

 A COPY OF THIS ORDER THUS BE CIRCULATED TO ALL THE DIRECTOR GENERALS OF

POLICE OF ALL THE STATES/COMMISSIONER OF POLICE IN METROPOLITAN CITIES /
COMMISSIONER OF POLICE OF UNION TERRITORIES WHO ARE THEN DIRECTED TO
SEND A COPY OF THIS ORDER TO ALL THE POLICE STATIONS IN CHARGE IN THEIR
STATES/UNION TERRITORIES FOR ITS COMPLIANCE IN CASES WHICH ARE REGISTERED
ON OR AFTER THE RECEIPT OF A COPY OF THESE DIRECTIONS. NECESSARY
INSTRUCTIONS BY THE DGPS/ COMMISSIONERS OF POLICE BE ALSO ISSUED TO ALL
THE POLICE STATION IN-CHARGE BY THE DGPS/COMMISSIONER OF POLICE
INCORPORATING THE DIRECTIONS ISSUED BY US AND RECORDED HEREINBEFORE.
Guidelines for recording statement
 THE MADRAS HIGH COURT LAID DOWN FOLLOWING PROCEDURE IN THE LIGHT OF
SUPREME COURT’S JUDGMENT IN CASE OF STATE OF KARNATAKA BY
NONAVINAKERE POLICE VS. SHIVANNA ALIAS TARKARI SHIVANNA [(2014) 8 SCC 913]

 A STATEMENT OF A WITNESS/VICTIM CAN BE RECORDED UNDER SECTION 164

CR.P.C..ONLY AT THE INSTANCE OF THE INVESTIGATING OFFICER OF THE CASE.

 IT IS NOT NECESSARY FOR THE INVESTIGATING OFFICER TO APPROACH THE

CMM/CJM WITH AN APPLICATION FOR NOMINATING A MAGISTRATE TO RECORD
THE STATEMENT OF A WITNESS/VICTIM UNDER SECTION 164 CR.P.C..

 A MAGISTRATE, WHETHER HE HAS GOT JURISDICTION OR NOT, TO INQUIRE INTO

OR TRY THE CASE, CAN RECORD THE STATEMENT OF A WITNESS/VICTIM UNDER
SECTION 164 CR.P.C.., ON THE REQUEST OF THE INVESTIGATING OFFICER OF THE
CASE.

 THE PRESIDING OFFICER OF A SPECIAL COURT WHICH HAS BEEN EMPOWERED TO

TAKE COGNIZANCE OF AN OFFENCE WITHOUT THERE BEING A NEED FOR
COMMITTAL, MAY ALSO RECORD THE STATEMENT OF A WITNESS/VICTIM UNDER
SECTION 164 CR.P.C.., ON THE REQUEST OF THE INVESTIGATING OFFICER.
Continued-
 AFTER RECORDING THE STATEMENT OF A WITNESS/VICTIM UNDER SECTION 164
CR.P.C.., THE JUDGE/MAGISTRATE SHALL ARRANGE TO TAKE TWO PHOTOCOPIES OF
SUCH STATEMENT, UNDER HIS DIRECT SUPERVISION AND CERTIFY THE SAME AS
TRUE COPIES.

 HE SHALL FURNISH ONE SUCH CERTIFIED PHOTOCOPY OF THE STATEMENT TO THE

INVESTIGATING OFFICER FREE OF COST, IMMEDIATELY, WITH A SPECIFIC
DIRECTION TO THE LATTER TO USE IT ONLY FOR THE PURPOSE OF INVESTIGATION
AND NOT TO MAKE ITS CONTENTS PUBLIC, UNTIL THE INVESTIGATION IS
COMPLETED AND FINAL REPORT FILED.

 THE OTHER CERTIFIED PHOTOCOPY OF SUCH STATEMENT SHALL BE KEPT IN A

SEALED COVER IN THE SAFE CUSTODY OF THE JUDGE/MAGISTRATE.

 IF THE MAGISTRATE WHO HAD RECORDED THE 164 CR.P.C..STATEMENT IS NOT THE
JURISDICTIONAL MAGISTRATE, HE SHALL SEND THE ORIGINAL STATEMENT TO THE
JURISDICTIONAL COURT, EITHER THROUGH A SPECIAL MESSENGER OR BY
REGISTERED POST WITH ACKNOWLEDGMENT DUE.

 IF THE JUDGE/MAGISTRATE WHO HAD RECORDED THE 164 CR.P.C..STATEMENT IS

HIMSELF THE JURISDICTIONAL MAGISTRATE, HE SHALL KEEP THE ORIGINAL OF THE
STATEMENT IN THE CASE RECORDS. (CRL.O.P. NO.12148 OF 2017 DECIDED ON
15/09/2017, MADRAS HIGH COURT)
WHAT IS THE EFFECT OF NON COMPLIANCE OF PROVISIONS OF SECTION 164AND
281CR.P.C.?

 SECTION 463 OF THE CR.P.C. IS DESIGNED TO CURE TO SOME EXTENT THE

IRREGULARITIES IN THE RECORDING OF THE CONFESSION WHICH IS AS FOLLOWS:-

 SECTION 463 - NON-COMPLIANCE WITH PROVISIONS OF SECTION 164 OR

SECTION 281

 (1) IF ANY COURT BEFORE WHICH A CONFESSION OR OTHER STATEMENT OF AN

ACCUSED PERSON RECORDED, OR PURPORTING TO BE RECORDED UNDER SECTION
164 OR SECTION 281, IS TENDERED, OR HAS BEEN RECEIVED, IN EVIDENCE FINDS
THAT ANY OF THE PROVISIONS OF EITHER OF SUCH SECTIONS HAVE NOT BEEN
COMPLIED WITH BY THE MAGISTRATE RECORDING THE STATEMENT,

 IT MAY, NOTWITHSTANDING ANYTHING CONTAINED IN SECTION 91 OF THE INDIAN

EVIDENCE ACT, 1872 (1 OF 1872), TAKE EVIDENCE IN REGARD TO SUCH NON-
COMPLIANCE, AND MAY, IF SATISFIED THAT SUCH NON-COMPLIANCE HAS NOT
INJURED THE ACCUSED IN HIS DEFENCE ON THE MERITS AND THAT HE DULY MADE
THE STATEMENT RECORDED, ADMIT SUCH STATEMENT

 (2) THE PROVISIONS OF THIS SECTION APPLY TO COURTS OF APPEAL, REFERENCE

AND REVISION.
THANKS