“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-III] thumbnail
“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-III]
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Recording of confession is a “proceeding” within the meaning of Section 303 Cr.P.C. and hence the accused has a right to consult a lawyer of his choice. Before recording the confession, the Magistrate should, therefore, explain this to the accused. If the accused is poor or belongs to an economicall
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  • Recording of confession is a “proceeding” within the meaning of Section 303 Cr.P.C. and hence the accused has a right to consult a lawyer of his choice. Before recording the confession, the Magistrate should, therefore, explain this to the accused. If the accused is poor or belongs to an economically or socially backward class, the Magistrate shoul...
  • The object of keeping the accused/suspect in judicial custody and giving him sufficient time for reflection and necessary warnings reinforces the voluntariness since with the sufficient time given for reflection, the accused frees himself from the pressure of Police interrogation before making the confession (Vide para 386 of Kartar Singh v. State ...
  • Generally at least 24 hours’ time should be given to the accused to consider whether he should make a confession. Where there is reason to suspect that the accused has been persuaded or coerced to make a confession, even longer period may have to be given

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criminal law
CrPC

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