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Home Bare Acts Phrase: confessionCode of Criminal Procedure, 1973 Section 164
Title: Recording of Confessions and Statements
State: Central
Year: 1973
.....it to the Magistrate by whom the case is to be inquired into or tried. STATE AMENDMENT 1Andaman and Nicobar Islands and Lakshadweep: After sub-section (1) of section 164 , the following sub-section shall be inserted, namely:- " (1A) Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of opin ion that it is necessary and expedient so to do that Government may, after consulting the High Court, specially empower any Executive Magistrate (not being a poli ce officer), to exercise the powers confe rred by s ub-section (1 ) on a Judicial Magistrat e, and thereupon references in section 164 to a Judicial Magistrate shall be construed as references to the Executive Magistrate so empowered." ___________________________ 1. Vide Regulation 1 of 1974 , section 5 (w.e.f . 30 -3 -1974 ). 2. Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 previous text was : - "Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force." .....
View Complete Act List Judgments citing this sectionControl of Organized Crimes Acts, 2000 Section 19
Title: Certain Confessions Made to Police Officer to Be Taken into Consideration
State: Karnataka
Year: 2000
.....The concerned police officer shall, after recording such voluntary confession, certify in writing below the confession about his personal satisfaction of the voluntary character of such confession, putting the date and time of the same. (4) Every confession recorded under sub-section (1) shall be sent forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such confession has been recorded and such Magistrate shall forward the recorded confession so received to the Special Court which may take cognizance of the offence. (5) The person from whom a confession has been recorded under sub-section (1) shall also be produced before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom the confession is required to be sent under sub-section (3) along with the original statement of confession written or recorded on mechanical device without unreasonable delay. (6) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall scrupulously record the statement if any made by the accused so produced, and get the signature. In case of any complaint of torture the accused shall be.....
View Complete Act List Judgments citing this sectionPrevention of Terrorism Act, 2002 [Repealed] Section 32
Title: Certain Confessions Made to Police Officers to Be Taken into Consideration
State: Central
Year: 2002
.....tapes or sound tracks from out of which sound or images can be reproduced, shall be admissible in the trial of such person for an offence under this Act or rules made thereunder. (2) A police officer shall, before recording any confession made by a person under sub-section (1), explain to such person in writing that he is not bound to make a confession and that if he does so, it may be used against him: Provided that where such person prefers to remain silent, the police officer shall not compel or induce him to make any confession. (3) The confession shall be recorded in an atmosphere free from threat or inducement and shall be in the same language in which the person makes it. (4) The person from whom a confession has been recorded under sub-section (1), shall be produced before the Court of a Chief Metropolitan Magistrate or the Court of a Chief Judicial Magistrate along with the original statement of confession, written or recorded on mechanical or electronic device within forty-eight hours. (5) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate, shall, record the statement, if any, made by the person so produced and get his signature or thumb.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 30
Title: Consideration of Proved Confession Affecting Person Making It and Others Jointly Under Trial for Same Offence
State: Central
Year: 1872
When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. 1 [Explanation.-"Offence", as used in this section, includes the abetment of, or attempt to commit the offence.] Illustrations (a) A and B are jointly tried for the murder of C. It is proved that A said--"B and I murdered C". The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said--"A and I murdered C ". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. _____________________ 1. Inserted by Act 3 of 1891, section 4.
View Complete Act List Judgments citing this sectionTerrorist and Disruptive Activities (Prevention) Act, 1987 [Repealed] Section 15
Title: Certain Confessions Made to Police Officers to Be Taken into Consideration
State: Central
Year: 1987
(1)Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of1872), but subject to the provisions of this section, a confession made by aperson before a police office not lower in rank than a Superintendent of Policeand recorded by such police officer in writing or on any mechanical device likecassettes, tapes or sound tracks from out of which sounds or images can bereproduced, shall be admissible in the trial of such person 1 [orco-accused, abettor or conspirator] for an offence under this Act or rules madethereunder: 1 [Provided that co-accused, abettor orconspirator is charged and tried in the same case together with the accused.] (2) Thepolice officer shall, before recording any confession under sub-section (1),explain to the person making it that he is not bound to make a confession andthat, if he does so, it may be used as evidence against him and such policeofficer shall not record any such confession unless upon questioning the personmaking it, he has reason to believe that it is being made voluntarily. __________________________ 1.Inserted by Act, 43 of 1993, section 6.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 24
Title: Confession Caused by Inducement, Threat or Promise, when Irrelevant in Criminal Proceeding
State: Central
Year: 1872
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise1 , having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. _____________________ 1. For prohibition of such inducement, etc., see the Code of Criminal Procedure, 1973 (2 of 1974), section 316.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 29
Title: Confession Otherwise Relevant Not to Become Irrelevant Because of Promise of Secrecy, Etc
State: Central
Year: 1872
If such a confession is otherwise relevant, it docs not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 330
Title: Voluntarily Causing Hurt to Extort Confession, or to Compel Restoration of Property
State: Central
Year: 1860
.....information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also he liable to fine. Illustrations (a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z, A is guilty of an offence under this section. (d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 25
Title: Confession to Police Officer Not to Be Proved
State: Central
Year: 1872
No confession made to a police officer1 , shall be proved as against a person accused of any offence. _____________________ 1. As to statements made to a police officer investigating a case, see the Code of Criminal Procedure, 1973 (2 of 1974), section 162.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 26
Title: Confession by Accused While in Custody of Police Not to Be Proved Against Him
State: Central
Year: 1872
No confession made by any person whlist the is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate1 , shall be proved as against such person. 2 [Explanation.--In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 3 [***] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882)4 ]. _____________________ 1. A Coroner has been declared to be Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871) section 20. 2. Inserted by Act 3 of 1891, section 3. 3. The word "on in Burma" omitted by the A.O. 1937. 4. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974.)
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