ASSIGNMENT

TOPIC NAME= CONFESSION TO MAGISTRATE

SUBJECT= CODE OF CRIMINAL PROCEDURE

ASSIGNMENT SUBMITTED TO FACULTY OF LAW

UNIVERSITY OF LUCKNOW

For the partial fulfilment of the requirement

LL.B(HONS)- 5TH SEM ( SECTION A)

SUBMITTED TO SUBMITTED BY
Prof. Ragvendra sir Khadeeja khatoon
Sec- A
Roll no.-200013015069
 ACKNOWLEDGEMENT

Apart from my efforts, the success of this assignment depend

largely on the encouragement and guidance of many others.I
take this opportunity to express my guidance to the people who
have been instrumental in the successful completion of this
assignment.I would like to add my greatest appreciation to
Mr.raghvendra sir I cannot thank him enough for the support
and help he provided me with. I feel motivated and encouraged
every time I attend his lecture.I would also like to extend my
special thanks to B.D.SINGH sir, head and dean,Faculty of
law,University of Lucknow, Lucknow, I am forever grateful for
this constant support and help.
INDEX
INTRODUCTION

What is confession?
According to Sir James Stephen who drafted the Indian Evidence Act,
1872 “If an accused at any time admits an offence  for which he is
charged for then it is called as Confession.” Confession has not been
defined in the Indian Evidence Act, 1872 but admission is defined
under Section 17 of the Indian Evidence Act, 1872. The confession is also
known as a kind of admission of the commission of an offence or a
statement made by the accused in which he admits to the alleged
commission of an offence. Confession is a statement made by an
accused, in which he admits to the commission of offence alleged.
Confession is nothing but an admission. Admissions are made in both
proceedings – civil as well as criminal. In civil cases, admissions are
considered as admissions but in criminal proceedings, when an accused
admits his commissions it is regarded as a confession. If a person admits
a statement regarding that offence then that statement should be known as
a confession statement. It is pertinent to note that ‘All confessions are
admissions, but not all admissions are confessions.’

IN CODE OF CRIMINAL PROCEDURE

Magistrate can record confession or statement

Any Metropolitan Magistrate or Judicial Magistrate, not even having

jurisdiction in the case, has the authority to record a confession or
statement made to him by a person, in the course of an investigation or
after it, but invariably prior to the inquiry or trial. This is provided for
under Section 164 of the Criminal Procedure Code, 1973 ( CrPC).   The
Section allows the recording of both confessions and other non-
confessional statements. It provides a special provision to record
confessions when they are made freely and voluntarily but not under any
pressure or influence.  A confession so recorded is more of substantive
nature than a non-confessional statement. The mode of recording
confessions is different from that of statements. Any confession or
statement made before the Magistrate under Section 164 CrPC may be
recorded by audio-video means in the presence of the advocate of the
accused person.

Confession is admission of guilt

Confession is admission suggesting the inference that the person making

it committed the crime. If the maker of the statement does not admit
himself to be guilty, the statement will not be a confession. However
confession cannot be used for conviction when the prosecution case itself
is inconsistent with it. An accused person can appear before a Magistrate
to make a statement under the above mentioned provision, without him
being produced by the police when the investigation is going on.

Magistrate has discretion in recoding statement

Recording of statement under Section 161 CrPC by Police is a condition

precedent for recording statement by Magistrate under Section 164 CrPC
when the police officer produces the person to make a statement. Even a
private party or victim's pleader can request the Magistrate to record the
statement of a person but the Magistrate has enough discretion to refuse
to do so. In fact nothing prevents a person from going to a Magistrate
requesting him to record his statement in regard to an offence when the
investigation is going on. But a Magistrate has enough discretion to
refuse to record a statement if the police report and other records already
can disclose the fact, which the person intends to record, at trial.