What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

 

 

No inducement to be offered, Recording of confessions and statements are defined under Section 163 and 164 of CRPC 1973. Provisions under these sections are:

 

 Section 163 of CRPC "No inducement to be offered"

(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872(1 of 1872).

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164.

Section 164 of CRPC "Recording of confessions and statements"
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:

Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.

(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:-

"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made.It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B.
Magistrate".

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.

(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

What is Information in cognizable cases? What is Information as to non-cognizable cases and investigation of such cases? Section 154 and 155 of Code of Criminal Procedure 1973

What is Police officers power to investigate cognizable case? Procedure for investigation? Report how submitted? Power to hold investigation or preliminary inquiry? Section 156, 157, 158 and 159 of Code of Criminal Procedure 1973

Section 160 of Code of Criminal Procedure What is Police Officer's Power to summon witnesses under?.  What are the conditions to issue Summon under section 160 of CRPC? What is the punishment for non Compliance of Summon Section 160 Summon?

Section 161 of Code of Criminal Procedure 1073 What is Examination of Witness by Police?.  What are the conditions for examinations of Witnesses by Police?

Section 162 of Code of Criminal Procedure Is statement to Police to be signed?. Statements of Police not to be signed

What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

What is Search by police officer? When officer in charge of police station may require another to issue search warrant? Section 165 and 166 of Code of Criminal Procedure 1973

What is Procedure when investigation cannot be completed in twenty four hours? Section 167 of Code of Criminal Procedure 1973

What is Report of investigation by subordinate police officer? What is Release of accused when evidence deficient? What are the Cases to be sent to Magistrate when evidence is sufficient? Section 168, 169 and 170 of Code of Criminal Procedure 1973

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. What is Diary of proceedings in investigation? Section 171 and 172 of Code of Criminal Procedure 1973

What is Report of police officer on completion of investigation? Section 173 of Code of Criminal Procedure 1973

Police to enquire and report on suicide, etc? Section 174 of Code of Criminal Procedure 1973

What is Power to summon persons? What is Inquiry by Magistrate into cause of death? Section 175 and 176 of Code of Criminal Procedure 1973

 
 

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