- In Nandini Satpathy vs P L Dani, it was held that a person has a right to protection under section 161(2), Crpc against questions, the answers of which would have a tendency to a criminal charge against them.
- The prohibition applies only in the inquiry and trial of that particular case during the investigation of which the statement were made. Thus, is that statement has any other evidentiary use for some other case then it will not be prohibited under section 162(1).
- Section 162 provides that no statement made by any person to a PO in the course of investigation shall, if reduced in writing, be signed by the person making it.
- It is the duty of the police officer to inform that the person is not to sign such statements reduced into writing. (sec 162)
- Not only the written statements but the omissions can also be used for contradiction. (Sec 162(1) proviso)
- Statements made under sec 161 are in the course of examination and statements made under sec 162 are in the course of investigation. So, scope of section 162 is broader than section 161 of Crpc.
- Section 162(2) provides that statements made by any person to a PO in the course to an investigation can be used as Dying Declaration under sec 32(1) or as a discovery statement under sec 27 of the Indian Evidence Act, 1872.
- As per section 163 no police officer or other person in authority shall offer any Inducement, threat or promise as mentioned in sec 24 of Indian Evidence Act.
- The police officer should not prohibit any person from making any statements if they are made voluntarily. (Sec 163)
- Under Sec 164 a special procedure is provided for recording confessions as well as statements made during the course of investigation.
- Confession should be recorder as per section 281 of Crpc.
- The document of confession as recorded under sec 164 Crpc is a presumed document under section 80 of Indian Evidence Act.
- The magistrate will record the confession of an accused when he is forwarded/ sponsored by the police officer.
- Recording of statements by a Magistrate under sec 164(5) shall be of sponsored witnesses only.
- Confession can be recorded by any magistrate with or without jurisdiction. (Sec 164(1))
- If a Confession is recorded by Judical Magistrate outside India then Sec 164 will not apply to such confession and it will be considered to be extra judicial confession.
- Before an accused makes a confession under sec 164, he will be given a warning that he is not bound to make it by the Magistrate, also, magistrate will make sure that the confession is make voluntarily and a memorandum must be made at the foot of confession by Magistrate.
- An Executive Magistrate is not authorized to record a confessional statement under section 164 of Crpc.
- If a Magistrate administers oath before recording the confession of an accused, the confessional statement is bad in law and inadmissible in evidence.
- In State of UP vs. Singhara Singh, it was held that when the confession of the accused person is not recorded in the manner provided in sec 164 of Crpc, oral evidence of the Magistrate is not admissible to prove that the confession was so made.
