All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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36.

Which of the following statements concerning confessions in criminal matters is most accurate?

A: Due to the privilege against self-incrimination, neither confessions given to a police officer or a magistrate are admissible at trial.
B: Confessions to police officers are only admissible at trial, if the accused have been advised before hand that they are not obliged to make any statement.
C: Confessions are admissible provided the accused's rights have been protected, most importantly those including the right to legal advice and the right to not be tortured.
D: Confessions are admissible provided the accused has given it voluntarily and police officer recording it has followed all procedures outlined in the Code of Criminal Procedure, 1973.
E: Confessions are admissible provided the accused has given it voluntarily and the magistrate recording it has followed all procedures outlined in the Code of Criminal Procedure, 1973.

The answer is: E

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Explanation

The correct option is E: Confessions are admissible provided the accused has given it voluntarily and the magistrate recording it has followed all procedures outlined in the Code of Criminal Procedure, 1973.

This is because, according to Section 164 of the Code of Criminal Procedure, 1973, any magistrate may record any confession or statement made to him in the course of an investigation or at any time before the commencement of the inquiry or trial. However, the magistrate must ensure that the confession is made voluntarily and not under any inducement, threat or promise. The magistrate must also explain to the person making the confession that he is not bound to make it and that it may be used as evidence against him. The magistrate must also give the person an opportunity to consult a legal practitioner of his choice and allow him to remain in his presence until he records the confession. The magistrate must also make a memorandum at the foot of the record stating that he has complied with all the requirements of this section and has taken care that the confession was made voluntarily.

Confessions made to a police officer are not admissible in any criminal proceeding, according to Section 25 of the Indian Evidence Act, 1872. This is because confessions made to a police officer are presumed to be involuntary and coerced, as the police officer may have an interest in securing a conviction. However, there are some exceptions to this rule, such as when the confession is made in the immediate presence of a magistrate or when it leads to the discovery of some fact or object connected with the crime.