CONFESSIONAL STATEMENT U/S 164CRPC

Section 164 of the Code of Criminal Procedure (CrPC) in India deals with the recording of confessional and other statements by a magistrate during the investigation process. This provision is essential because it allows statements to be recorded in a judicial setting, thus adding reliability and preventing potential police influence or coercion. Here's a breakdown of its scope and implications:

Key Aspects of Section 164 CrPC

1. Recording Confessions and Statements: Section 164 empowers a magistrate to record a confession or statement made by a person during an investigation or even before the commencement of the trial. This may be done at the request of the police or upon the magistrate's own initiative.

2. Ensuring Voluntariness: To safeguard against coercion, the magistrate must ensure that the person making the confession is doing so voluntarily. The magistrate must inform the person that they are not bound to make the confession and that it could be used as evidence against them. If the person still wishes to confess, the magistrate should record the statement without police presence to avoid undue influence.

3. Judicial Reliability: Since the statement is recorded by a judicial magistrate, it has a higher evidentiary value compared to statements recorded by the police under Section 161 CrPC, which are not admissible in court as substantive evidence.

4. Use in Court Proceedings: A confession recorded under Section 164 can be used as substantive evidence in court. Other statements (non-confessional) recorded under this section can be used to corroborate or contradict testimonies later in the trial, making it useful in constructing the case narrative.

5. Protection of Witnesses: Section 164 also serves to protect witnesses by enabling them to record statements with the magistrate rather than the police, which can help in preventing witness tampering or influence.

Scope and Limitations of Section 164

Scope of Use: Section 164 can be invoked in a wide range of criminal cases and during different stages of investigation. It applies both to confessions and other statements (such as witness testimonies), and ensures statements are made in a secure judicial environment.

Limitations: The confessional statement, though admissible, must meet certain standards for it to be deemed credible. If a confession is shown to be obtained by inducement, threat, or promise, it may be rendered invalid under Section 24 of the Indian Evidence Act. Additionally, while the statement is admissible, it still needs corroboration to form a basis for conviction.

Protection Against Misuse: The magistrate has a duty to be vigilant against any misuse of Section 164 by law enforcement and must be satisfied with the voluntariness of the confession. Proper procedures must be followed for the statement to retain its admissibility.

Practical Implications in Criminal Justice

In practice, Section 164 CrPC is crucial for upholding the integrity of the criminal justice process. It helps to eliminate forced confessions, gives courts reliable evidence, and provides both the accused and witnesses a safe environment to present their statements. This section also plays a significant role in ensuring transparency and building the evidence chain free from police bias.