Section 164 CrPC: Recording Confessions & Statements – Indian Criminal Procedure Code

1. The Code

Section 164 of the Code of Criminal Procedure, 1973 (CrPC) deals with the recording of confessions and statements made to a Magistrate.

2. Explanation

This section outlines the procedure for a Magistrate to record confessions and statements made by a person accused of an offense. It emphasizes the following:

• Confessions: A confession is a voluntary statement made by an accused person admitting their guilt in a crime. The Magistrate must ensure the confession is made freely and voluntarily, without any coercion or inducement.
• Statements: A statement is a declaration made by a person, not necessarily the accused, that may provide information relevant to the investigation. The Magistrate can record statements from witnesses, suspects, or even the accused person, but these statements are not considered confessions.
• Recording Procedure: The Magistrate must personally record the confession or statement in their own handwriting. They must also ensure the person making the statement understands the nature of the charges and the consequences of their statement. The person must be informed of their right to legal counsel.
• Conditions for Validity: For a confession to be admissible as evidence, it must meet certain conditions. It must be recorded by a Magistrate, it must be voluntary, and the accused must be aware of their rights.

3. Illustration

Imagine a person is arrested for theft. During interrogation, they confess to the crime to a police officer. However, this confession is not recorded by a Magistrate and therefore is not admissible as evidence in court. Later, the same person makes a statement to a Magistrate, admitting to the crime. The Magistrate records this statement in their own handwriting, ensuring the person understands their rights. This statement, recorded under Section 164, will be admissible in court as evidence.

4. Common Questions and Answers

• Q: What are the rights of a person being questioned under Section 164?
  A: The person has the right to legal counsel, the right to understand the nature of the charges, and the right to be informed of the consequences of their statement.
• Q: Can a confession be recorded by a police officer?
  A: No. A confession is only valid if recorded by a Magistrate under Section 164.
• Q: What happens if a confession is recorded without following the procedures outlined in Section 164?
  A: Such a confession is inadmissible in court as evidence.