What Statements may be called as confession under Section 164

As provided Under Section 164 of the Criminal Procedure Code, 1973 any Metropolitan Magistrate or Judicial Magistrate, even if he does not have the jurisdiction in the case, has the authority to record a confession made to him by a person, in the course of investigation or even after it, however before the inquiry or trial. 

Section 164 of the CrPC provides for both confessional as well as non- confessional statements. Under the legal Act of CrPC, Section 164 provides a special provision  to record confessions when they are made freely and voluntarily and not under any pressure or influence. The statement as recorded has more substantive value than a non-confessional statement.

Any such confession made before the magistrate under the Section 164, may be recorded as audio or video in the presence of the advocate of the accused.

Confession-

Confession is the statement admitting the commitment of crime by the person making it. A statement will not be confession if the person making the statement does not admit his guilt. 

An accused person can himself appear before the magistrate to make his statement without him being produced by the police during the investigation.

Discretion of the Magistrate: 

 If a person is produced before the magistrate by the police for recording his statement under Section 164 of the CrPC then in such a case, first his statement has to be recorded under Section 161 of  the CrPC.

A person can present  himself on his own for having his statement recorded to the magistrate, however the Magistrate has the discretion to deny such request. A magistrate has enough discretion to refuse a person to record his statement if the police report or other records already disclose the fact he intends to have recorded.  

Statement of the Victim: 

• As soon as the matter is brought before him, the Magistrate shall record the statement of the victim of sexual offences under Secction 164(5A) of the CrPC
• The statement so recorded shall be used in examination-in-chief which is not needed to be recorded again during the trial.However, the victim can be cross-examined.

Confession can be recorded in an open Court- 

• Ordianarily confessions shall be recorded in the open courts however there are certain situations where the statements so made could be recorded at the residence of the magistrate, jail or any other such place. 
• Such statements can also be recorded after court hours.
• A confession recorded by the Magistrate at the police station shall not be admissible.
• A person has come to confess directly out of the police station, then in such a situation he could be first sent to jail custody for a day before recording his statement to ensure that any statement made by him is not under any duress as per the provisions of the Indian Law.

Oath is necessary for non- confessional statements- 

• A non- confessional statement can be recorded in a manner an evidence is recorded.
• A Magistrate administers an oath to the person having his statement recorded.
• The person shall sign his statement.

Recorded Statement a public record- 

• Under Section 74 of the Evidence Act, a recorded statement under Section 164 of the CrPC is a public statement. It is presumed to be genuine and recorded without any pressure or duress.
• In the Case of Guruvind Palli Anna Rao and Ors. v State of Andhra Pradesh, it was decided by the Court that the statement of wit\nesses recorded under Section 164 Crpc is a public Document, no formal proof is required for it and thus it is not necessary to summon the Magistrate who has recorded it.
• As it is a public statement, an application for its copy cannot be denied.

Irregularities in the recording of confession: 

• The magistrate  must follow the procedure for the recording of the statement under Section 164 of the CrPC.
• Any defect or irregularity crept in during the process cannot be easily rectified. Thus strict compliance shall be made to follow the procedure prescribed under Section 164 and 281 of the CrPC is imperative to make a statement of confession admissible.

Thus a statement recorded before the Magistrate as per Section 164 of the CrPC could be a confession or any other statement which is not a confession. The statement so made shall be substantive evidence.

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