Modes of Confession

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The modes of confession can be summarized as follows: –

  • The confession must be recorded in the form of questions and answers put to a person making such a confession, each answer to the question that he has given must be recorded in its entirety, in the language in which he is questioned or if not possible, in the language of the Court or in English.
  • If at any time before the confession is recorded, the person appearing before the magistrate declares that he/she does not wish to make the confession, the magistrate shalll not authorize the detention of that person in police custody.
  • The recording of the confession must be shown or read to the person making it or if he/she does not understand the language in which it is written, it must be interpreted to him or her into a language that he/she comprehends.
  • The accused is free to explain or add to his/her answers.
  • When the whole of the confession is made in conformity with what it declares to be the truth, the record is signed by both, an accused and the magistrate.
  • The magistrate shall make a memo at the footnote of such recording to this effect: – “I explained to (name of accused) that he is not required to make a confession and that if he/she makes such a confession, then it can be used as evidence during the proceedings against him and I think this confession has been made of his/her own free will. It was taken in my presence and read back to the person who made it and admitted by him/her to be correct and it contains a full and true account of the statement he/she made. “
  • Except a confession made under Section 164 (1) of the Code of Criminal Procedure, 1973, any statement should be recorded in such procedure that is hereinafter provided for such recording as is, in the opinion of magistrate deemed, appropriate to the circumstances of the case. The magistrate has the power to take an oath of the person whose statement is as such being recorded.
  • In the following cases, the Judicial Magistrate records the statement of an accused person in the manner prescribed in 64 (5) Code of Criminal Procedure, 1973, as soon as the commission of an offense is brought before the police: –
    • Cases punishable under Sections 354, 354A, 354B, 354C, 354D of the Indian Penal Code, 1860 (45 of 1860)
    • Cases punishable under Sections 376, 376A, 376B, 376C, 376D, 376E of the Indian Penal Code, 1860 (45 of 1860)
    • Cases punishable under section 509 of Indian Penal Code, 1860 (45 of 1860)
  • Any statement made by a person who is temporarily or permanently mentally incapacitated should be recorded as a statement in lieu of examination-in-chief, as set out in section 137 of the Indian Evidence Act 1872, (1 of 1872), that the person who made such statement can be cross-examined on same, without the need to record it at the time of trial of Section 164, Code of Criminal Procedure, 1973