164 IPC

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Introduction of 164 IPC

164 IPC outlines the procedure for recording confessions and statements during criminal investigations. This section ensures that such statements are recorded by a Magistrate to guarantee their authenticity and prevent misuse. It applies to both accused individuals making confessions and witnesses providing important evidence. The section ensures that these statements are made voluntarily and are free from coercion, intimidation, or undue influence. By involving a Magistrate, it adds an impartial layer of protection and maintains transparency in the legal process.

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What is IPC Section 164 ?

IPC Section 164 focuses on recording confessions and witness statements in criminal cases. It mandates that these statements must be recorded by a Magistrate to ensure they are genuine and legally valid. This section is crucial for safeguarding the rights of individuals during investigations and preventing wrongful convictions. It applies to any person involved in a criminal case, whether as an accused or a witness. Statements recorded under this section hold significant value in court as evidence. The procedure under IPC 164 ensures fairness and accountability throughout the judicial process.

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IPC 164 in Simple Points

Fair Recording of Confessions and Statements
IPC Section 164 ensures that any confession by the accused or statement by witnesses is recorded by a Magistrate. This process is designed to ensure impartiality and authenticity, safeguarding the rights of individuals during investigations.

Voluntary Confessions
Any confession made under this section must be entirely voluntary. The Magistrate must verify that the accused is not under pressure, coercion, or promise of rewards when confessing.

Witness Testimonies
Section 164 applies to witness statements as well, ensuring their accounts are recorded legally and securely. This helps preserve evidence and ensures it is credible and admissible during the trial.

Role of Magistrate
Only a Magistrate has the authority to record confessions or statements under Section 164. Their involvement guarantees that the process is fair, unbiased, and free from manipulation by investigative authorities.

Legal Safeguards
The section includes safeguards like warnings to the accused about their rights, ensuring that confessions or statements are made with full awareness of the consequences. This protects individuals from being forced into self-incrimination.

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Section 164 IPC Overview

1. Purpose of Section 164

The main purpose of Section 164 is to ensure that confessions and statements made during investigations are genuine and recorded in a fair manner. It establishes legal safeguards to prevent any misuse of power by the police or investigating agencies. The section protects individuals from being forced to make statements under duress, intimidation, or promise of rewards. By requiring statements to be recorded by a Magistrate, it ensures impartiality and authenticity. This process builds confidence in the justice system by maintaining transparency. It also emphasizes that the judiciary takes every step to avoid wrongful convictions based on coerced confessions. Thus, Section 164 acts as a shield for both the accused and witnesses during criminal investigations.

2. Applicability

Section 164 applies to the recording of confessions or statements during the course of a criminal investigation or trial. It is relevant not only to the accused but also to witnesses who provide key information about the case. This provision can be invoked in cases involving serious offenses where the evidence is crucial for the trial. By covering both confessions and witness statements, it strengthens the overall investigation. The section ensures that statements are not casually recorded but follow strict legal guidelines. It is applicable across all kinds of criminal offenses, making it a versatile tool in ensuring justice. This wide applicability ensures that the law is fair and consistent for everyone involved.

3. Scope of Statements

The scope of Section 164 extends to both confessions made by the accused and statements made by witnesses. It includes any information that is directly or indirectly related to the crime under investigation. These recorded statements often become crucial pieces of evidence during trials. For witnesses, it helps secure their testimony in a legally valid manner, protecting it from being altered later. For the accused, it serves as a formal acknowledgment of their guilt, provided it is voluntary. The section ensures that both kinds of statements are recorded in a way that upholds their credibility. This broad scope strengthens the legal process and ensures justice is served.

4. Authority to Record

Only a Magistrate is authorized to record confessions and statements under this section. This restriction ensures that the recording process is conducted fairly and without bias. The Magistrate acts as an independent authority, ensuring that there is no coercion, intimidation, or undue influence during the process. Their presence adds a layer of impartiality, which builds trust in the recorded statement’s authenticity. This authority also prevents misuse by police or investigators, as the statement cannot be manipulated later. The Magistrate’s involvement demonstrates the seriousness of the process and its impact on the trial. This system protects the individual’s rights while upholding the integrity of the investigation.

5. Voluntary Nature of Confessions

Section 164 mandates that any confession made must be entirely voluntary. The Magistrate is required to verify that the individual is not under any pressure or promise of leniency when confessing. This provision is designed to protect individuals from making false confessions due to coercion, threats, or undue influence. The Magistrate must ensure that the person fully understands their rights and the consequences of their statement. This safeguard helps in avoiding wrongful convictions based on unreliable confessions. It also ensures that only genuine confessions are admitted as evidence in court. By emphasizing voluntariness, the law protects the individual while ensuring the credibility of the judicial process.

6. Warning to the Accused

Before recording a confession, the Magistrate must clearly warn the accused that they are not obligated to confess. They are also informed that any confession made can be used against them in court. This warning is a critical safeguard that ensures the accused is fully aware of their legal rights. It prevents individuals from making uninformed decisions that could harm their case. By providing this warning, the Magistrate reinforces the importance of consent and understanding in legal proceedings. This step is a key part of the process, ensuring that confessions are both voluntary and informed. It reflects the law’s commitment to fairness and justice.

7. Procedure for Recording Statements

The process of recording a statement under Section 164 is detailed and thorough. The Magistrate must ensure the statement is recorded in the language understood by the individual. After recording, the statement is read back to the person to confirm its accuracy. Once verified, the individual must sign the statement, and the Magistrate also signs it to authenticate the process. This meticulous procedure ensures there are no errors or misinterpretations. It also guarantees that the statement is legally valid and can be used as evidence in court. The transparency of this process is crucial in maintaining the integrity of the judicial system.

8. Admissibility in Court

Statements recorded under Section 164 are considered strong evidence in court, provided they meet all legal requirements. For confessions, the court must ensure they were made voluntarily before admitting them as evidence. Witness statements are also admissible, as they are recorded in a manner that ensures accuracy and reliability. The section adds credibility to the judicial process by ensuring that the evidence is free from external influences. This admissibility makes Section 164 a powerful tool in criminal trials, often shaping the outcome of the case. It reinforces the importance of following proper procedures during investigations.

9. Safeguards Against Misuse

Section 164 includes multiple safeguards to prevent misuse of the provision. The involvement of a Magistrate ensures that statements are recorded in an impartial and lawful manner. Strict guidelines for voluntary confessions and warnings to the accused further protect against coercion or manipulation. These safeguards ensure that the process is fair for all parties involved, from the accused to the witnesses. They also prevent investigating authorities from overstepping their boundaries. By emphasizing fairness and transparency, the section helps build trust in the legal system. It strikes a balance between protecting individuals’ rights and securing justice.

10. Role in Justice Delivery

Section 164 plays a crucial role in ensuring justice by providing a reliable method for recording confessions and statements. It helps the judiciary obtain accurate and credible evidence, reducing the chances of wrongful convictions. The section also protects individuals from being coerced or manipulated during investigations. By involving a Magistrate, it ensures that the process is impartial and adheres to the principles of natural justice. This provision strengthens the overall investigation and trial process, making it more transparent and trustworthy. Its role in maintaining the balance between individual rights and legal accountability is invaluable to the justice system.

Examples of IPC Section 164

Example 1:
A witness to a robbery provides a detailed statement under Section 164 before a Magistrate. This statement is recorded accurately and later used as evidence during the trial to corroborate the facts of the case.

Example 2:
An accused person in a murder investigation voluntarily confesses before a Magistrate under Section 164, stating the motive and actions leading to the crime. The confession is admissible in court after verifying it was made without coercion.

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Section 164 of IPC case laws

1. Nandini Satpathy v. P.L. Dani (1978)

Details:
In this landmark case, the Supreme Court emphasized the importance of voluntary confessions under Section 164. The petitioner, a former Chief Minister, was accused of corruption. During interrogation, the police tried to extract a confession without recording it before a Magistrate.

Result:
The Court held that confessions must be recorded under Section 164 IPC to ensure they are voluntary and free from coercion. It also ruled that suspects have the right to remain silent, reinforcing procedural safeguards.

2. Ram Singh v. State of Rajasthan (1987)

Details:
In this case, the accused made a confession to the police, which was later recorded under Section 164 by a Magistrate. However, the defense argued that the confession was made under duress.

Result:
The Court ruled that a confession recorded under Section 164 is valid only if it is proven to be made voluntarily. Since the Magistrate failed to ascertain the voluntariness of the confession, it was rejected as evidence.

3. Babubhai v. State of Gujarat (2010)

Details:
The case revolved around a confession made by a witness during a criminal investigation. The witness later retracted the statement, claiming it was given under pressure.

Result:
The Court held that statements under Section 164 must be recorded with full awareness and a clear explanation of the consequences. Retracted statements are subject to scrutiny, and in this case, the statement was considered unreliable.

4. State of Karnataka v. Shivanna (2014)

Details:
This case involved a rape accused whose confession was recorded under Section 164 IPC. The Court examined whether the confession was admissible as evidence.

Result:
The Court emphasized that the Magistrate must ensure the accused is not under any pressure before recording the confession. In this case, the confession was deemed valid as all procedures were properly followed.

5. Mohd. Khalid v. State of West Bengal (2002)

Details:
In a terrorism-related case, the accused made a confession under Section 164 but later argued that it was obtained through coercion.

Result:
The Court upheld the confession, stating that the Magistrate had thoroughly verified its voluntariness. It reinforced the importance of ensuring fairness during the recording process.

6. Pakala Narayana Swami v. Emperor (1939)

Details:
The accused made a confession before a Magistrate, which was crucial to the prosecution’s case. The defense challenged the admissibility of the confession.

Result:
The Privy Council ruled that confessions recorded under Section 164 must strictly adhere to the legal procedure. In this case, the confession was admitted as it complied with the law.

7. Dagdu v. State of Maharashtra (1977)

Details:
This case involved multiple confessions recorded under Section 164 during a gang-related investigation. The defense argued that the confessions were fabricated.

Result:
The Supreme Court examined the process and upheld the confessions, stating that they were recorded voluntarily and in adherence to legal safeguards.

8. Soni v. State of UP (1992)

Details:
A confession under Section 164 IPC was recorded in a case of dowry death. The accused later claimed it was made under police influence.

Result:
The Court ruled that the confession was inadmissible as the Magistrate failed to confirm its voluntariness. The judgment highlighted the importance of following procedural safeguards.

9. Balbir Singh v. State of Punjab (1997)

Details:
This case dealt with a confession by a co-accused recorded under Section 164, which implicated the primary accused in a murder case.

Result:
The Court held that confessions of co-accused under Section 164 could be used as corroborative evidence but not as sole evidence for conviction.

10. Shankar v. State of Tamil Nadu (2006)

Details:
In a high-profile case, the accused made a confession under Section 164 and later claimed it was made under duress. The prosecution relied heavily on this confession.

Result:
The Court validated the confession as the Magistrate had ensured all procedural requirements, including voluntariness, were met. The accused was convicted based on corroborative evidence.

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IPC Section 164

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
164	Recording of confessions/statements	Not a punishment-focused section; procedural safeguard	Depends on the offense related to the statement	Depends on the offense	Magistrate

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IPC Section 164 FAQs

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