Requirements for confession

The requirement of law in proceeding a statement under section 164 of the code of criminal procedure read with section 364 of the same code:

1. When the accused is produced to the magistrate for the purpose of making a confession, the magistrate gives the accused sufficient time to think and complete.

2. When the accused actually stands before the magistrate to make his statements, the magistrate informs him that he is a magistrate, not a police officer, and also explains to him that he is not bound to make the confession, but that if he makes the confession, it may be used as evidence against him.

3. To ensure the fairness of justice and in the interest of obtaining a voluntary confession, the magistrate should tell accused that whether he makes confession or not, he shall not be returned to the police custody.

4. The magistrate ascertains by questioning the accused whether he is making the confession voluntary, and then records his own opinion that the confession appears to be voluntary and true, and the magistrate shall not record any confession unless to believe that it is voluntary.

5. During the recording the confession of accused by the magistrate, there should be no police personnel in the room or within the sight or hearing of the place where the accused is contemplating or deposing.

6. In order to make relevant or admissible such confession, any inducement, threat or promise have been wholly removed from the mind of the accused.

7. After recording such confession the accused is sent to in judicial custody not to the police custody.

8. The statement should, normally, be recorded in the words of accused.

9. No oath must be administered of the accused in recording his confessional statement by the magistrate.

10. A confessional statement recorded under section 164 of Cr. Pc does not necessary be proved himself, it may have to be proved by the recording magistrate at the trial and the accused will have right to cross examine the magistrate.