“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-I]
2 years ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-I]

Live Law  

Q.1 What is a confession? v. Navjot Sandhu 11 SCC 600 – – P. Venkatarama Reddy, P. P. Naolekar – JJ.) CONFESSION DEFINED After the authoritative pronouncement by the Privy Council in Pakala Narayana Swamy v. Emperor AIR 1939 PC 47 - Atkin, G Rankin, Porter, Thankerton, Wright - JJ, a confession has been understood as follows:- A confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. The above definition was approved by the Supreme Court of India in Palvinder Kaur v. State of Punjab AIR 1952 SC 354 – 3 Judges – M. C. Mahajan, N. Chandrasekhara Aiyar, N. H. Bagwati – JJ; Om Prakash v. State AIR 1960 SC 409 – A. K. Sarkar, M. Hidayatullah - JJ; Veera Ibrahim v. State of Maharashtra 2 SCC 302 – R. S. Sarkaria, Untwalia - JJ; Jameel Ahmed v. State of Rajasthan AIR 2004 SC 588 - N. Santhosh Hegde, B. P. Singh - JJ. v. Navjot Sandhu 11 SCC 600 - P. Venkatarama Reddy, P. P. Naolekar – JJ.)

Admission State P V Jj Confession  p  v  admission  parti  air  n  justice  ramkumar  crpc  answers  164  state  sc  scc  statement  questions  jj  confession

History of this topic

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court
4 days, 14 hours ago

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court

Live Law  

The Andhra Pradesh High Court has held that confessional statements made by the accused during interrogation can be considered or looked into to connect the other co-accused and such a disclosure statement can be taken into consideration to provide a lead in the investigation. It states, “When more persons than one are being tried jointly for the same offence, and …

Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court
1 year, 5 months ago

Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court

Live Law  

The Kerala High Court on Thursday categorically held that admission of confessional statements made by accused to the Police, which are hit by bar under Sections 25 and 26 of the Evidence Act, can vitiate a trial and lead to the acquittal of the accused.The. The Kerala High Court on Thursday categorically held that admission of confessional statements made by …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]
1 year, 10 months ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Live Law  

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 Cr.P.C. Q.38 What is the legal status under the Evidence Act of a “confession” or a “statement” recorded under Section 164 Cr.P.C.? While issuing certain general directions to be followed in rape cases, the Supreme Court in State of Karnataka v. Shivanna @ …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]
2 years ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]

Live Law  

Q.6 Can an accused on his own accord make a confession without being Ans. Such accused person is free to make a voluntary confession before the Magistrate and he need not be Q.7 Should the accused be free from any Police or other extraneous influence? Recognising the stark reality of the accused being enveloped in a state of fear and …

Confession & Section 25 Of Indian Evidence Act
2 years, 5 months ago

Confession & Section 25 Of Indian Evidence Act

Live Law  

Given the fact that voluntariness or consent of an individual is the fundamental prerequisite for giving testimony in court, it becomes imperative to ensure that the accused is not in an environment notorious for extorting statements while making a confession. S.25 of the Indian Evidence Act 1872 thus makes confessions made to a police officer inadmissible in the court of …

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 6 months ago

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

Live Law  

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court
3 years, 2 months ago

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released …

Accused Can't Claim That His Confessional Statement Be Considered Regarding Some Offences Only & Not For Others: Allahabad HC
3 years, 7 months ago

Accused Can't Claim That His Confessional Statement Be Considered Regarding Some Offences Only & Not For Others: Allahabad HC

Live Law  

In an important observation, the Allahabad High Court has recently held that when a conviction is made as a whole regarding any occurrence or set of occurrences, the accused cannot, at a later stage, claim that confessional statement made by him should be considered regarding some of the offences only and not for others. The Bench of Justice Ajai Tyagi …

Statement Under Section 67 of NDPS Act Cannot Be Used As A Confessional Statement, Reiterates Punjab & Haryana HC
3 years, 8 months ago

Statement Under Section 67 of NDPS Act Cannot Be Used As A Confessional Statement, Reiterates Punjab & Haryana HC

Live Law  

The High Court of Punjab & Haryana has held that a statement under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be used as a confessional statement in the trial of an offense under the Act. However, a bench of Justice Raj Mohan Singh relied on the case of Tofan Singh vs. State of Tamil Nadu, where …

[TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC [Read Judgment]
5 years ago

[TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC [Read Judgment]

Live Law  

The Supreme Court, in its judgment delivered on Wednesday, made some important observations regarding admissibility of confessions under Terrorist and Disruptive Activities Act, 1987. The bench comprising of Justice S. Abdul Nazeer and Justice Deepak Gupta, with regard to scope of Section 15, held that if for any reason, a joint trial is not held, the confession of a. The …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-III]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-III]

Live Law  

Read the First Part Here Read the Second Part Here PROCEDURE FOR RECORDING "CONFESSION" UNDER SECTION 164 Cr.P.C. Such accused person is free to make a voluntary confession before the Magistrate and he need not be ACCUSED TO BE FREE FROM POLICE INFLUENCE The Magistrate should be satisfied that the accused is not The provisions of Section 164 Cr.P.C. If …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]

Live Law  

Read the First Part Here PART-II STAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. E. HOW TO RECORD A "CONFESSION" UNDER SECTION 164 Cr.P.C.? Let us now consider the modalities of recording the "confession" of an accused person by a Magistrate under Section 164 Cr.P.C. Instances of judicial confession during trial are when the "substance of accusation" …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
6 years ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

Live Law  

P R O L O G U E What prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. In the case on hand, the argument is with reference to statement given by PW2, a child witness to the Magistrate …

Extra-judicial Confession Of Accused Need Not Be Corroborated In All Cases: SC Reiterates [Read Judgment]
6 years, 5 months ago

Extra-judicial Confession Of Accused Need Not Be Corroborated In All Cases: SC Reiterates [Read Judgment]

Live Law  

Extra-judicial Confession Of Accused Need Not In All Cases Be Corroborated: SC‘Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated.’The Supreme Court, while affirming the conviction of a bank’s peon accused of corruption, has observed. Extra-judicial Confession Of Accused Need …

Conviction Based On Confession Statement Of Accused: Experts Demand Reconsideration Of Supreme Court Judgment
6 years, 7 months ago

Conviction Based On Confession Statement Of Accused: Experts Demand Reconsideration Of Supreme Court Judgment

Live Law  

Legal experts demanded re-consideration of a recent Supreme Court Judgment whereby a two-Judge bench of the Court upheld the concurrent conviction and sentence of an accused in a case of dacoity with murder based on a confession statement of accused produced by police to prove recovery of some incriminating articles under Section 27 of Indian Evidence Act.The Bench of Justice. …

SC Upholds Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer [Read Judgment]
6 years, 7 months ago

SC Upholds Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer [Read Judgment]

Live Law  

This Judgment is a clear deviance from well established precedents. A two-Judge Bench of the Supreme Court has recently upheld the conviction of an accused for Dacoity with Murder under Section 396 of Indian Penal Code.Contrary to the binding precedents the Bench has extensively relied on a confessional statement of Accused produced by Police to prove the recovery of some. …

Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’: SC [Read Judgment]
6 years, 8 months ago

Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’: SC [Read Judgment]

Live Law  

‘On the touchstone of law laid down by this Court such a confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused and can at best be used or utilized in order to lend assurance to the Court.’The Supreme Court has held that conviction under Narcotic Drugs and Psychotropic Substances Act, …

Whether Statement Recorded U/S 67 Of NDPS Act Is A ‘Confessional Statement’ Or Not? Many Cases Awaiting Outcome Of Reference Made In 2013, DB Asks Registry To Place It Before CJI [Read Order]
6 years, 8 months ago

Whether Statement Recorded U/S 67 Of NDPS Act Is A ‘Confessional Statement’ Or Not? Many Cases Awaiting Outcome Of Reference Made In 2013, DB Asks Registry To Place It Before CJI [Read Order]

Live Law  

A Supreme Court bench headed by Justice Ranjan Gogoi has asked the Registry to bring it to the notice of Chief Justice of India that reference made in Tofan Singh vs. State of Tamil Nadu is still pending.The bench observed that a large number of cases in the apex court and various high courts in the country are awaiting the …

Administering Oath To Accused While Recording Confessional Statement Unconstitutional: Sikkim HC (FB) [Read Judgment]
7 years ago

Administering Oath To Accused While Recording Confessional Statement Unconstitutional: Sikkim HC (FB) [Read Judgment]

Live Law  

Not only administration of oath on an accused while recording his confession is prohibited, unlawful and illegal but also that the said act cannot be cured under Section 463 CrPC. Administration of Oath upon an accused while recording confession has a direct bearing on the voluntariness of the confession and voluntariness is sacrosanct, the bench observed.A full bench of Sikkim …

Just Because Accused Didn’t Confess, It Doesn’t Mean He Isn’t Cooperating With Probe: SC [Read Judgment]
7 years, 5 months ago

Just Because Accused Didn’t Confess, It Doesn’t Mean He Isn’t Cooperating With Probe: SC [Read Judgment]

Live Law  

The purpose of custodial interrogation is not just for the purpose of confession, the bench observed.The Supreme Court, in Santosh vs The State Of Maharashtra, has made an observation that merely because the accused did not confess, it cannot be said that he was not cooperating with the investigation.The allegation against the accused was that he received misappropriated foodgrain meant. …

Just Because Accused Didn’t Confess, It Doesn’t Mean He Isn’t Cooperating With Probe: SC [Read Judgment]
7 years, 5 months ago

Just Because Accused Didn’t Confess, It Doesn’t Mean He Isn’t Cooperating With Probe: SC [Read Judgment]

Live Law  

The purpose of custodial interrogation is not just for the purpose of confession, the bench observed.The Supreme Court, in Santosh vs The State Of Maharashtra, has made an observation that merely because the accused did not confess, it cannot be said that he was not cooperating with the investigation.The allegation against the accused was that he received misappropriated foodgrain meant. …

Who Is a “Police Officer” To Whom A Confession By An Accused Is Tabooed ?
7 years, 7 months ago

Who Is a “Police Officer” To Whom A Confession By An Accused Is Tabooed ?

Live Law  

Has anyone come across a police officer unknowingly becoming a non-police officer and vice versa? Those provisions are extracted herebelow:- Evidence Act Section 25 - No confession made to a police officer, shall be proved as against a person accused of any offence. Section 162 - No statement made by any person to a police officer in the course of …

Discover Related