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    CRPC

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    Rakshit Bhalothia
    The document discusses confessions under Indian law. It defines a confession as an unconditional admission of guilt before a judicial magistrate, regardless of jurisdiction. Any judicial magistrate can record a confession during an investigation, even if they lack jurisdiction over the case, as long as they then send the confession to the proper magistrate. There are two types of confessions: judicial confessions made before a judicial magistrate, and extrajudicial confessions made elsewhere. A judicial confession alone can be the basis for conviction if voluntarily made without compulsion. The procedure for recording a confession under Section 164 of the Code of Criminal Procedure is also outlined.

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    CRPC

    Uploaded by

    Rakshit Bhalothia
    25 views1 page
    The document discusses confessions under Indian law. It defines a confession as an unconditional admission of guilt before a judicial magistrate, regardless of jurisdiction. Any judicial magistrate can record a confession during an investigation, even if they lack jurisdiction over the case, as long as they then send the confession to the proper magistrate. There are two types of confessions: judicial confessions made before a judicial magistrate, and extrajudicial confessions made elsewhere. A judicial confession alone can be the basis for conviction if voluntarily made without compulsion. The procedure for recording a confession under Section 164 of the Code of Criminal Procedure is also outlined.

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    Crpc

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    The document discusses confessions under Indian law. It defines a confession as an unconditional admission of guilt before a judicial magistrate, regardless of jurisdiction. Any judicial magistrate can record a confession during an investigation, even if they lack jurisdiction over the case, as long as they then send the confession to the proper magistrate. There are two types of confessions: judicial confessions made before a judicial magistrate, and extrajudicial confessions made elsewhere. A judicial confession alone can be the basis for conviction if voluntarily made without compulsion. The procedure for recording a confession under Section 164 of the Code of Criminal Procedure is also outlined.

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    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    25 views1 page

    CRPC

    Uploaded by

    Rakshit Bhalothia
    The document discusses confessions under Indian law. It defines a confession as an unconditional admission of guilt before a judicial magistrate, regardless of jurisdiction. Any judicial magistrate can record a confession during an investigation, even if they lack jurisdiction over the case, as long as they then send the confession to the proper magistrate. There are two types of confessions: judicial confessions made before a judicial magistrate, and extrajudicial confessions made elsewhere. A judicial confession alone can be the basis for conviction if voluntarily made without compulsion. The procedure for recording a confession under Section 164 of the Code of Criminal Procedure is also outlined.

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    The term confession has not been defined in any scope of law or in any act.

    But it
    may be defined as the admission of guilt in toto. A confessio nan accused admits
    his
    guilt unconditionally before a judicial magistrate, irrespective of its teritorial
    jurisdiction. A confession under section 154 maybe recorded during the course of
    investigation but prior.

    Any magistrate may record the confession priovided that he is a judicial


    magistrate. Even when the executive magistrate is performing the judicial functions
    shall not record
    a confession.

    Q. Whether a magistrate record a confession if he lacks in jurisdiction to try the


    case.
    Yes the jurisdiction does not pass a magistrate from recording a confession.
    However, after recording a confession the magistrate shall send the confession to
    the
    concerned magistrate who is having the authority to try the case.

    Q. What is the evidential value of confession and types of confession?


    Types- There are two types.
    1- Judicial confession- Confession which an accused makes before the judicial
    magistrate.
    2- Extra judicial confession- Confession which is not being made before the
    judicial magistrate.

    Value- The judicial confession may become the sole basis of conviction. If it is
    proved that it was made voluntarily and without any compulsion and duress.
    No such sanctity may be awarded with the extra judicial confession and hence it can
    not be the sole basis of the conviction and further corroboration required in
    material
    terms.

    Q. What is the procedure of recording a confession under section 164?


    Under section 164 of CrPC, it has been mandated that an accussed may record his
    confession before the magistrate during the course of investigation. However,
    before recording
    the confession the magistrate shall inquire whether the confession is made
    voluntarily. The magisttrate shall also warn the accussed that this confession
    shall be used against
    him and may become sole basis of convivtion and can be used as substantive
    evidence. Further, the magistrate shall also inform the accused that you are not
    bound to make
    confession and may withdraw it. If the magistrate finds that the confession is not
    voluntary then he shall reject the confession. No oath shall be administered to the
    accussed
    before making the confession. The confession must be recorded in the words and
    language of the accused. After recording the confession the magistrate and the
    accused both shall
    sign the confession. Magistrate shall also endorse on the foot of that confession
    that it has been inquired by the accused that it was volutary.

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