Law of Confession Section 164 CRPC

 Section 164 of the Code of Criminal Procedure (CRPC) in India deals with the recording of confessions and statements by a Magistrate. When a person wants to confess or make a statement about an offense before the authorities, they may do so under this section. However, there are specific procedures and safeguards outlined in CRPC 164 to ensure that the confession or statement is voluntary and not obtained through coercion or inducement.


Recording of Statements: Under CRPC 164, statements or confessions are recorded by a magistrate, typically a Judicial Magistrate or a Metropolitan Magistrate. This is done to ensure that the statement is taken in a formal and legally acceptable manner.


Voluntary Nature: The statement or confession recorded under CRPC 164 is expected to be voluntary. This means that the person giving the statement should do so without any coercion, threat, or inducement. The magistrate must ensure that the statement is not obtained under duress.

Protection of Rights: CRPC 164 provides safeguards to protect the rights of the person giving the statement. The magistrate must explain to the person that they are not obliged to make any statement, and if they choose to do so, it may be used as evidence against them in the court of law.

Admissibility in Court: Statements recorded under CRPC 164 are admissible as evidence in court proceedings. However, the admissibility is subject to certain conditions, such as ensuring that the statement was made voluntarily and without any undue influence.

Witnesses and Accused: CRPC 164 applies to both witnesses and accused persons. Witnesses may be required to provide statements regarding the facts of the case, while accused persons may choose to make confessions or provide statements regarding their involvement or innocence in the alleged crime.

Cross-Examination: Once recorded, the statements obtained under CRPC 164 may be subject to cross-examination during the trial. This allows the opposing party to challenge the credibility or veracity of the statements.

Overall, CRPC 164 plays a crucial role in the criminal justice process by ensuring that statements and confessions are obtained in a fair and transparent manner, thereby upholding the principles of justice and the rule of law.

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