A commits an offence in Agra but makes a confession before the Judicial Magistrate, Jaipur, who has no power to try the case. Is the confession valid, if it is recorded by the Magistrate after following the procedure, laid down in Section 164, Cr.P.C?

Question: A commits an offence in Agra but makes a confession before the Judicial Magistrate, Jaipur, who has no power to try the case. Is the confession valid, if it is recorded by the Magistrate after following the procedure, laid down in Section 164, Cr.P.C? [UPCJ 1984, UPHJS 1982, BIHAR J 1979, MPJ 2009]

Find the answer to the mains question only on Legal Bites. [A commits an offence in Agra but makes a confession before the Judicial Magistrate, Jaipur, who has no power to try the case. Is the confession valid, if it is recorded by the Magistrate after following the procedure, laid down in Section 164, Cr.P.C?]

Answer

Section 80 of the Evidence Act implies that a record or memorandum of evidence whether given in a judicial proceeding or before an officer authorized by law to take such evidence and the other relating to a statement or confession by a prisoner or accused person. A record or memorandum of evidence or a statement or confession can be presumed to be genuine if it is taken in accordance with law and purports to be signed by a Judge, Magistrate or an officer authorized by law to take such evidence.

Moreover, Section 164 of CrPC also implies the same thing. The provision explicitly lays down rules regarding the recording of confessions and statements.

Clause (1) of section 164 states that, “Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.”

Thus, applying the aforesaid provisions to the present case at hand where A commits an offence in Agra but makes a confession before the Judicial Magistrate, Jaipur, who has no power to try the case. The confession is still valid provided it is recorded after following the due procedure laid down under section 164 of the code. Thereafter, the judicial magistrate of Jaipur recording a confession or statement under this section shall forward it to the Magistrate of Agra by whom the case is to be inquired into or tried.

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