Recording of Statement other than Confession

According to the code of Criminal Procedure a “confession” is a statement where the suspect acknowledges his guilt to do such an act & a “statement” is a declaration made through the matter of a fact behind the act. 

What statements are not amounts to be a Confession?

1. If the maker doesn’t incriminate himself, the statement won’t be a confession.
2. A mixed statement which, although contains some confessional statements will stand resulted in acquittal is not any confession.
3. A statement that contains self-exculpatory matter, which isn’t true, would negate the offense cannot amount to a  confession.

Who can not record a confession or a statement as per code of criminal procedure in India. 

The manager Magistrate or commissioner having the ability of Magistrate has no jurisdiction to record the confession or statements.)

When can a Confession or Statement be Recorded by the Magistrate?

A confession of an announcement under section 164 of the Criminal Procedure Code is recorded:

(i) Either within the course of the investigation.

(ii) Or anytime afterwards, but before the commencement of  trial or inquiry.

Section 164(5) of Crpc – Manner of recording statements apart from confession.

Section 164(5) of the Criminal Procedure Code lays down that if the accused desires to form any statement apart from a confession, it can be recorded by the magistrate. Where Such statements are recorded within the manner evidence is recorded, and also within the opinion of the magistrate, on his analysis of the  circumstances of the case. 

The magistrate shall even have the facility to administer oaths to the person whose statement is so recorded.

The statement recorded under section 164 of the code may be used for the corroboration of the witness’s testimony at the trial.

The application for recording the statement under this section is filed by the prosecution that the  object of recording the statement is to preserve the evidence, and to rely on the account of the testimony of the witness at the primary instance and while it’s still fresh and to preserve retraction of the testimony at the later stage, from getting spoiled Due to any factor. 

Procedure to record according to the provision of  section 164 Cr.P.C which says  (statement of victim/witness other than  a Confession in India)

I) A statement of a witness/victim is recorded under Section 164 Cr.P.C. only at the instance of Investigating Officer
https://www.leadindia.law/ask-free-question of case.

II) It’s 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.

III) A Magistrate, whether he possesses jurisdiction or not, to treat 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.

IV) The leader of a Special Court, which has been empowered to require cognizance of an offense without there being a requirement for committal, might also record the statement of a witness/victim under Section 164 Cr.P.C., on the request of the Investigating Officer.

V) After recording the statement of a witness/victim under Section 164 Cr.P.C., the Judge/Magistrate shall attempt to take two photocopies of such statement, under his direct supervision and certify the identity as true copies.

VI) He shall furnish one such certified photocopy of the statement to the Investigating Officer freed from cost, immediately, with a selected direction of the latter to use it just for the aim of the investigation and to not make its contents public, until the investigation is completed and final report filed.

VII) The other certified photocopy of such a statement shall be kept in a very sealed cover within the safe custody of the Judge/Magistrate.

VIII) If the Magistrate who had recorded the 164 Cr.P.C. statement isn’t the jurisdictional magistrate, he shall send the initial statement to the jurisdictional Court, either through a special messenger or by registered mail with acknowledgment due.

If the Magistrate who had recorded the 164 Cr.P.C. statement is himself the jurisdictional Magistrate, he shall keep the initial of the statement within the case records.