Which provision under Criminal procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements ?

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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34.

Which provision under Criminal procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements ?

A: Section 162

B: Section 164

C: Section 163A

D: Section 165

The answer is: B

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Explanation

The correct option is B: Section 164.

This section of the Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements. The section allows the recording of both confessions and other non-confessional statements, provided that they are made freely and voluntarily, and not under any pressure or influence. The section also lays down the conditions and safeguards for recording such statements, such as the presence of the accused's lawyer, the warning of the consequences of making a confession, the verification of the voluntariness of the statement, and the signature of the Magistrate on the recorded statement.