Section 164 of CrPC : Section 164: Recording Of Confessions And Statements

Explanation using Example

Imagine a scenario where a person has been arrested on suspicion of committing a robbery. During the investigation, the suspect decides to confess to the crime. The police take the suspect to a Judicial Magistrate to record the confession, as per Section 164 of the Code of Criminal Procedure, 1973.

The Magistrate informs the suspect that he is not obliged to confess and that if he chooses to do so, his confession can be used as evidence against him. The suspect, after understanding the implications, decides to proceed with the confession. The Magistrate ensures that the confession is made voluntarily and without any coercion.

The confession is recorded in the presence of the suspect's lawyer and is video-graphed to ensure transparency. The Magistrate then signs the recorded confession and adds a memorandum stating that the suspect was informed of his rights and that the confession was made voluntarily.

This recorded confession can later be used as evidence in the trial. If the case involves a more sensitive crime, such as one under Section 354 of the Indian Penal Code (IPC), which pertains to assault or criminal force against a woman with the intent to outrage her modesty, the Magistrate would take additional steps as prescribed by the law to record the victim's statement in a manner sensitive to their condition.