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
(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.
(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.