Evidentiary Value Of A Statement Before A Magistrate.

Section 164 of the Criminal Procedure Code provides for the magistrate’s power to record confessions and other statements. The statements so recorded are substantive evidence. 

A confession is the kind of statement where the suspect acknowledges his guilt of committing a crime, whereas a statement is the declaration of a matter of fact. 


Who is competent to record?


A confession or a statement could be recorded by a Metropolitan Magistrate or by a Judicial Magistrate, irrespective of the fact whether they have jurisdiction or not.

As provided under the proviso to the Section 164 of the CrPC, a police officer to whom the powers of a magistrate have been conferred is not competent to record the confessions. 

When can a Magistrate record a statement or confession?


As provided under the Section 164 of the Criminal Procedure Code, a statement or a confession could be recorded-

i)    In the course of the investigation; or

ii)   Anytime before the commencement of inquiry or trial. 


How to record a confession under CrPC?


Before the Magistrate records a statement, he has to explain to the person confessing that-

i)    Such person is not bound to make the confession

ii)   Also, if such a confession is made, it could be used against him as evidence.

The provisions of Section 164 ensure that the confession so made is voluntary. As decided by the Supreme Court in the case of Rabindra Kumar Pal alias Dara Singh v Republic of India, as per the guidelines issued by the Court, the magistrate has to ensure that- 

  • The magistrate shall provide adequate time for the accused to think so that he is free from the police influence after the above-mentioned warning has been given. 
  • The accused has to be asked regarding the treatment he received at the Police Station.
  • In case any injuries or marks are there on the accused’s body, he shall ask about their origin
  • In case the accused is unwilling to confess, he will not be remanded to the police custody
  • The court rejects a confession, if it is found to be involuntary. 

Evidentiary value of a Confession before a magistrate-

  • A confessional statement by an accused before the magistrate is good evidence and the accused can be convicted based on such confession. 
  • A confession could be used against the person who has made it and is in itself sufficient to support his conviction. 
  • If the confession so made is found to be voluntary and genuine, there is no need for the prosecution to prove it. No question of corroboration arises in this instance.
  • The settled law is that a conviction could be decided based on the confession if the confession so made is free of force and voluntary.

Value of the extra-judicial confession-

  • The evidentiary value of an extra-judicial confession is weak in nature. It could be relied on when it is clear, consistent and convincing.
  • Usually as a matter of caution, the courts require some material corroboration to an extra-judicial confession statement which could connect the accused person with the crime in question. 

In the case of State of Karnataka v A.B. Nagraj, the accused confessed in front of the forest officer, when the father and the stepmother of the deceased girl were accused of killing the girl in the National Park. However, there was no mention of the confession made in the police report as well no witness could be found who could mention about such confession. It was decided by the court that such extra-judicial confession could not be made.  


Confession


As could be inferred from the above article, the confession or the statements before the magistrate is admissible if the conditions mentioned above are followed. However, the confession made to the police does not have evidentiary value, but could be used to corroborate the statements of the witness in the court or to question the statement of the witness during the trial. 


Hence, before submitting your statement to the police, it is advised to seek the advice of an experienced Lawyer In Delhi or Lawyer In Lucknow or the city you belong to, so that you do not make any mistake, hence affecting your case in the court. To have a better understanding of the provisions of law involved in your case, it is advised to seek the legal opinion of an experienced Lawyers In Ghaziabad or your own city. Lead India offers you legal opinion or assistance as required in your situation in any case related to criminal law or family law,etc. 

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