164
164
Recording of confessions and statements
Code of Criminal Procedure, 1973
Chapter XII Information to The Police and Their Powers to Investigate
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Reviewed by Advocate Aditi Babbar · Practicing since 3 yearsConfessionsMagistrateLegal Procedure
🗣️ Simple Explanation
What does this law say?
Section 164 of the CrPC explains how a Magistrate records confessions and statements. A Magistrate can record your confession or statement during an investigation. Before recording, the Magistrate must tell you that you don't have to confess. The confession must be voluntary.
💡 Real Life Example
Priya confessed to a theft before a Magistrate. The Magistrate explained her rights. Her confession was recorded and used as evidence. Legal consequence: Confession used as evidence.
🛡️ KNOW YOUR RIGHTS
- •Refuse to make a confession.
- •Be informed of your rights before confessing.
- •Have your confession recorded accurately.
- •Seek legal counsel before confessing.
❓ FREQUENTLY ASKED QUESTIONS
Section 164 deals with recording confessions and statements by a Magistrate. The Magistrate explains your rights and ensures the confession is voluntary. The confession is then recorded and can be used as evidence. This ensures fairness and accuracy.
Yes, you can change your mind before the confession is recorded. The Magistrate will not authorize your detention in police custody. It's important to understand your rights and seek legal advice before making a confession.
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Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, with 3 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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