- 164 prescribes the means by which people can make confessions and statements to magistrates provided there is no inducement or pressure to do so.
S. 17 of the IEA, S. 281, S. 463 of CrPC
- Made to the police – only statement
- Made to magistrate after procedure is followed – binding upon the confessor
- “A statement must be given directly to the police officer and not be overheard or mistakenly read.
- A statement made to the police by the accused is barred by S.162 and is completely inadmissible evidence. Statements falling under 32(1) and S.27 are exceptions to this rule.
- Section 163 – no inducement
- Section 164 – magistrate must record the confession in accordance to the Judges Rules
- Section 463 – The magistrate must also ask why the accused wants to confess otherwise it will be in violation of Section 463 of the CrPC
- Article 22(1) and Section 303 – Consult a lawyer before confessing
- Section 281- Confession must be recorded in the manner given here
- Section 80 – Confessions are presumed to be genuine
- Section 24
Course of investigation” implies that the statement must be made as a step in a pending investigation. It is different from the “period of investigation”
Baleshwar Rai v. State of Bihar
Facts:
There were the Darogah whose name was called in the middle of the night. The name was called by some goons who had committed a murder. They were caught and consequently identified by several. However, some corroborating evidence was obtained, i.e. the letter by the deceased saying that one of the accused was going to kill him. This was got by the Sub-Inspector.
Issue:
- What is during ‘period of investigation’ or ‘in the course of investigation’?
- The question was whether the letter could be used as an Exhibit as it was obtained by the Sub-Inspector and whether it was in contravention of Section 162.
Decision:
- ‘Course of investigation’ would be when the statement is being taken and nothing else. The ‘period of investigation’ is the entire period of the investigation. Therefore, Section162 prohibits evidence only of what has been acquired in the ‘course of investigation’.
The letter which was received was merely received during the period of investigation and not in the ‘course of investigation’. The letter was not received as a statement and hence can be used as an Exhibit.
Dying Declarations
- Admissible under Section 32 of the Evidence Act in view of the exemption provided by 162(2).
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