A confessional statement recorded in accordance with the special procedure under Section 164 of C.R.P.C. :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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86.

A confessional statement recorded in accordance with the special procedure under Section 164 of C.R.P.C. :

A: can be used as substantive evidence without being formally proved

B: cannot be used as substantive evidence at all

C: cannot be used as substantive evidence without being formally proved

D: either (b) or (c).

The answer is: A

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Explanation

The correct option is A: can be used as substantive evidence without being formally proved

The confession recorded under section 164 can be used as substantive evidence, without being formally proved. Record of such confession is admissible as evidence. Entire confession must be brought on record. The Court must carefully weigh it with other evidence. The Court may reject part of it.. Where the confession was found rejected, the convictions based on them could not be sustained.