“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-V]

Q.21 Is it not permissible for the Magistrate to follow the procedure for recording of evidence by administering oath to the accused while recording the confession ? Ans. No. While the procedure for recording of evidence or administration of oath to the accused, can be resorted to while recording a “statement’ under Section 164 (5) Cr.P.C., such a procedure should not be resorted to while recording a “confession”. (Vide Section 164(5) Cr.P.C.) Administering oath to the accused while recording a confession is prohibited. (Vide para 10 of Babu Bhai Udesinh Parmar v. State of Gujrath (2006) 12 SCC 268 = AIR 2007 SC 420 – S. B. Sinha, Markantey Katju – JJ.) Q.22 Should not the confession be recorded in camera ? Ans. No. Confessional statement of an accused person need not be recorded in camera. But, “statements” of persons including witnesses and victims non-confessional statements of accused persons should be recorded in camera (Vide Varghese M.U. v. CBI, Cochin 2015 (3) KHC 417 (Kerala) – K. Abraham Mathew - J.) Q.23 What should the Magistrate do after recording the confession ? Ans. After recording the confession the Magistrate shall forward the same to the Magistrate by whom the case is to be inquired into or tried. (Vide Section 164 (6) Cr.P.C.) Q.24 What is the evidentiary value of a confession ? Ans. A Confession is ordinarily admissible in evidence. It is a relevant fact. It can be acted upon. Under certain circumstances it can form the basis for a conviction. (Vide Aloke Nath Dutta v. State of W.B. (2007) 12 SCC 230 – S. B. Sinha, Dalveer Bhandari – JJ.) A confession, judicial or extra-judicial if found to have been voluntarily made, can form the basis of conviction of the accused. (Vide State of Rajasthan v. Rajaram AIR 2003 SC 3601 – Doraiswamy Raju, Arijit Pasayat – JJ.) NOTE BY VRK: Although the word “confession” is not taken in by the definition of “evidence” under Section 3 of the Evidence Act, it can fall under the expression “matters” referred to in the definition of the word “proved” in Section 3 of the Evidence Act. Thus, “confessions”, “notings” made by the presiding Judge upon a local inspection, “material objects” etc are covered by the said expression “matters”. Q.25 Is not a “confession” admissible in evidence without examining the Magistrate who recorded the same and will not the examination of the Magistrate cure the illegality in case the confession is not in conformity with law ? Ans. A confession is admissible without examining the Magistrate who recorded the same. If the confession is not in conformity with law, even the examination of the Magistrate will not cure the illegality. (Vide AIR 1969 Orissa 289 (follows Kashmira Singh v. State of M.P. AIR 1952 SC 159 – Saiyid Fazl Ali, B. K. Mukherjea, Vivian Bose – JJ.)Part 1: “Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-I]Part 2: “Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]Part 3: “Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-III]Part 4: “Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-IV]

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-V]

Justice V Ramkumar

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