crpc

crpc

Cr PC (section 164 CrPC) (extra class notes) Safeguards to be taken by the magistrate while recording statement under section 164 CrPC

—The main concern of the magistrate is to ensure that confession is being made voluntarily and therefore applying his judicial prudence. The magistrate shall do all possible efforts to ensure the voluntary character of the confession.

  • 1.The magistrate has to give warning under section 164(2). The warning shall be given property so as to make the accused understand the real purpose of the warning.
  • 2.If after the warning, the recording of confession is postponed to some other day, fresh warning is necessary.
  • 3. After giving warning, Magistrate should give him adequate time to think and reflect.
  • 4.If accused is coming from police custody then he should sent to judicial custody at least for a day before the confession is recoded. The object of giving such time for reflection to the accused is to ensure that he is completely free from police influence. Held in the case of Babu bhai parmar vs. state of Gujarat 2006, SC.
  • 5.The magistrate shall examine the medical examination report of the accused and shall also get the accused medically examined, particularly where he finds injury marks on the body of the accuse.
  • 6.The magistrate shall revel his identity to the accused and shall remove any police officer present in the recording room.
  • 7.He shall also ensure that there is no interference by the co-accused or any 3rd person at the time of recording.
  • 8.If the accused in handcuffed then magistrate shall order to remove the handcuff before recording of his confession.
  • 9.if accused expresses his unwillingness to make confession when he is produced before the magistrate then he shall not be sent back to the police custody

  • Q. Now the question arise is it that he will never be sent to PC?
    Ans. This section provides that the magistrate shall not authorize the detention of such person to PC but this section does not overrule the provision of section 167 where police remand can be given for first 15 days therefore in such a case the magistrate will ask the police about the reason for seeking police remand and if the magistrate is satisfied then accused can sent to PC.


  • 10.If the accused knows how to write, then the magistrate may ask him to write his own confessional statement.
  • 11.The confession shall be recorded in open court so as to ensure fearlessness and voluntary character of the confession.
  • 12.The magistrate shall also explain to the accused of his constitutional right under section 22(1) section 303 of CrPC. Held in the case of state of Assam vs. Rabindarnath Guha.

Cr PC (section 164 CrPC) (extra class notes) Safeguards to be taken by the magistrate while recording statement under section 164 CrPC

—The main concern of the magistrate is to ensure that confession is being made voluntarily and therefore applying his judicial prudence. The magistrate shall do all possible efforts to ensure the voluntary character of the confession.

  • 1.The magistrate has to give warning under section 164(2). The warning shall be given property so as to make the accused understand the real purpose of the warning.
  • 2.If after the warning, the recording of confession is postponed to some other day, fresh warning is necessary.
  • 3. After giving warning, Magistrate should give him adequate time to think and reflect.
  • 4.If accused is coming from police custody then he should sent to judicial custody at least for a day before the confession is recoded. The object of giving such time for reflection to the accused is to ensure that he is completely free from police influence. Held in the case of Babu bhai parmar vs. state of Gujarat 2006, SC.
  • 5.The magistrate shall examine the medical examination report of the accused and shall also get the accused medically examined, particularly where he finds injury marks on the body of the accuse.
  • 6.The magistrate shall revel his identity to the accused and shall remove any police officer present in the recording room.
  • 7.He shall also ensure that there is no interference by the co-accused or any 3rd person at the time of recording.
  • 8.If the accused in handcuffed then magistrate shall order to remove the handcuff before recording of his confession.
  • 9.if accused expresses his unwillingness to make confession when he is produced before the magistrate then he shall not be sent back to the police custody

  • Q. Now the question arise is it that he will never be sent to PC?
    Ans. This section provides that the magistrate shall not authorize the detention of such person to PC but this section does not overrule the provision of section 167 where police remand can be given for first 15 days therefore in such a case the magistrate will ask the police about the reason for seeking police remand and if the magistrate is satisfied then accused can sent to PC.


  • 10.If the accused knows how to write, then the magistrate may ask him to write his own confessional statement.
  • 11.The confession shall be recorded in open court so as to ensure fearlessness and voluntary character of the confession.
  • 12.The magistrate shall also explain to the accused of his constitutional right under section 22(1) section 303 of CrPC. Held in the case of state of Assam vs. Rabindarnath Guha.

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