All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
41.

A has murdered her husband. She goes to the police station with the murder weapon and confesses before the police. In view of the principle below, what would be the most correct action for the police ?

Principle :

If any person wishes to give his statement or confession in the course of any investigation, such person may do SO before a Metropolitan Magistrate or a Judicial Magistrate under section 164 of the Code of Criminal Procedure, 1973.
A: Record A's statement and make her sign it.
B: Record A's statement, and make her sign it in the presence of three independent witnesses.
C: Produce A before a Court of Sessions to record her confession.
D: Produce A before a Metropolitan Magistrate or a Judicial Magistrate to record her confession.
E: Produce A before the High Court to record her confession.

The answer is: D

Explanation

The most correct action for the police in this scenario, in accordance with the provided principle, is:

D: Produce A before a Metropolitan Magistrate or a Judicial Magistrate to record her confession.

Explanation :

According to the principle mentioned, if any person wishes to give a statement or confession in the course of any investigation, they should do so before a Metropolitan Magistrate or a Judicial Magistrate under section 164 of the Code of Criminal Procedure, 1973. This process ensures that the confession is recorded in a proper legal manner and protects the rights of the accused.

Options A and B do involve recording A's statement, but it's important to have it done before the appropriate judicial authority, which is a Metropolitan Magistrate or a Judicial Magistrate, as stated in the principle.

Option C is not necessary in this case, as producing A before a Court of Sessions would be a more formal and advanced stage of the legal process.

Option E, producing A before the High Court, is not typically the initial step for recording a confession. Recording confessions usually begin at the Magistrate level, as mentioned in option D.