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Writer's pictureLead India
May 4, 20234 min read

Is It Possible If I Want To Record My Statements Once Again Under Section 164 ?

The Section 164 of the Criminal Procedure Code provides power to the Magistrate to record confession as well as other statements from accused or victims. The confessions which are made in the presence of the Magistrate shall be used as substantive evidence.


Hence, you are advised to talk to top 10 lawyers in delhi or your own city, before deciding to have your confession recorded or to record your statement in the presence of the magistrate. Explained below is discussion of the statements and the confessions filed under Section 164-


A Confession and a Statement-

  • When a suspect accepts his guilt of having committed the crime, such a statement made by him would be called Confession.

  • A mere declaration of the matter related to a fact will be called a statement.

Who should record a confession or a statement-

  • Irrespective of the fact if he has jurisdiction or not, a Metropolitan Magistrate or a Judicial Magistrate can record a confession or a statement made to him.

  • However, the police official to whom powers of the magistrate have been transferred will not be competent to record such confessions, in accordance to the proviso of Section 164 of CrPC.

When can the confessions or statements be recorded by the Magistrate-

A confession or a statement by a person, as provided under Section 164 of the CrPC, can be recorded-

(i) during the course of the ongoing investigation

(ii) after the investigation, however before commencement of an inquiry or a trial.


The process to record a confession as provided under the CrPC-

Before having a confession recorded, the magistrate will have to explain to the person confessing that-

  • He/she is not bound to confess

  • If his confession is made, it can be used as evidence against him/her.

It is to be noted that provisions of Section 164 of the CrPC can also act as protection against any involuntary confession recorded. To ensure that a voluntary confession is made, necessary conditions required to be followed by the magistrate have been explained below-

  • After the warnings which have been mentioned above are given by the magistrate, he should provide such time as is believed to be adequate by him, so that the person making such confession is free from any influence of the police.

  • The Magistrate must also enquire about the treatment he received while in custody.

  • If any injury is visible on the person of the accused, he must be asked about the origin of his injuries.

  • In case the accused is unwilling to make a confession, he must not be in any case remanded to police custody.

  • The magistrate is supposed to apply his judicial mind in order to ascertain if the accused is confessing under some external influence, threat or promise.

  • If the confession is found to be involuntary, it has to be rejected

  • Also, it is the duty of the magistrate to explain to the accused about his right to consult a lawyer before he/ she could get his confession recorded as provided under Article 22(1) of the Constitution and Section 303 of the CrPC.

How a statement is recorded under Section 164 of the CrPC

  • As provided under Section 164(5) of the CrPC, when the accused desires to make any statement which is not a confession, it can also be recorded by the magistrate. The statements which are recorded under this provision will be recorded in the similar manner as an evidence is recorded.

  • As provided under this Section, the magistrate must administer an oath to the person who is making the statement.

  • As for the question if a statement or confession be recorded twice, then it is not the requirement for a Magistrate to record a statement at the instance of the Police or Investigating Officer. The Magistrate can always deny recording any subsequent statement on the basis of a statement given to the Magistrate and recorded.

Conclusion

From the explanation above, it can be inferred that a confession from an accused person or a statement by a person involved in an ongoing investigation will be recorded by the magistrate under Section 164 of the CrPC. A Magistrate has been provided with the right to record a statement, which shall be admissible as an evidence.


Therefore, before you have your statement recorded or get your confession recorded, you are advised to seek advice from top 10 lawyers in jaipur or top 10 lawyers in bangalore or your own city, as any such statement can be used against you during the trial as an evidence. Therefore, any such statement must be made after discussing it in detail with your lawyer


Lead India offers you a wide pool of experienced lawyers who have been successfully handling criminal cases and will offer you advice or assistance as required for the same. Thus, if you wish to seek free legal advice online or talk to an expert, you may contact us.



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