32.
The answer is: A
Explanation
The correct option is A: S.164.
This is the provision under the Criminal Procedure Code, 1973 that deals with the procedure to be adopted by the Magistrate to record confessions and statements. According to this section, any Metropolitan Magistrate or Judicial Magistrate (whether or not he has jurisdiction in the case) may, if he is not a police officer, record any confession or statement made to him in the course of an investigation or at any time afterwards before the commencement of the inquiry or trial. The section also lays down the following conditions for recording such confessions and statements:
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.
The Magistrate shall, before recording any statement under this section, explain to the person making it that he may refuse to make any statement and that, if he does make a statement, it may be used as evidence against him; and no Magistrate shall record any statement made to him under this section unless he is satisfied that it is being made voluntarily.
The confession or statement shall be recorded in the manner provided in section 281 (that is, in the presence of the accused and his pleader, if any, and reduced into writing by the Magistrate or under his direction).
The confession or statement shall be signed by the person who makes it; 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., Magistrate" .
Any confession or statement recorded under this section shall be forwarded to the Magistrate by whom the case is to be inquired into or tried.
The other options are incorrect because they are not related to the issue of recording confessions and statements by the Magistrate. Option B is a provision that deals with the statements made to police officers not to be signed and their use as evidence. Option C is a provision that deals with the prohibition of inducement or threat by police officers in relation to statements. Option D is a provision that deals with medical examination of victim of rape by registered medical practitioner⁴.