APCrRPCO Section 32 : Confessions

Explanation using Example

Example 1: Voluntary Confession in a Theft Case

Introduction: Ravi is accused of stealing a valuable painting from a local art gallery in Hyderabad. He is brought before a Magistrate for recording his confession.

Application: According to Section 32 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, the Magistrate must ensure that Ravi's confession is voluntary. The Magistrate explains to Ravi that he is not obliged to answer any questions and that anything he says can be used against him (Sub-section 1(a) and (b)). The Magistrate also questions Ravi to understand the circumstances of his confession, asking if he was coerced by the police (Sub-section 2).

Outcome: The Magistrate records Ravi's answers and ensures that the confession is voluntary by remanding him to a sub-Jail for 24 hours to reflect, as per Sub-section 3. If the Magistrate is satisfied, the confession is recorded and can be used in court. Non-compliance with these procedures could lead to the confession being inadmissible.

Conclusion: By following these steps, the Magistrate ensures that Ravi's rights are protected and the confession is legally valid.

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