Published on: 13 August 2023 at 11:59 IST
Court: Supreme Court
Citation: Mahabir Singh V. State of Haryana (2001)
Honourable Supreme Court of India has held that the Magistrate can record a confession of the accused under the aegis of Section 164 of the Code of Criminal Procedure, 1973. It is held that an accused is a definite person against whom there would be an accusation and the Magistrate can ascertain whether he is in fact an accused person and confession can be used against him.
It is further held that a confessional statement of the accused can be relied upon by the prosecution against him. It is held that under the provision of Section 164 CrPC empowers the Magistrate to record any confession or statement made to him could be exercised only in the course of investigation which includes confessional as well as non-confessional statements. It is held that confession could be made only by one who is either an accused or suspected to be an accused of a crime.
21. We have no doubt that an accused person can appear before a Magistrate and it is not necessary that such accused should be produced by the police for recording the confession. But it is necessary that such appearance must be “in the course of an investigation” under Chapter XII of the Code. If the Magistrate does not know that he is concerned in a case for which investigation has been commenced under the provisions of Chapter XII, it is not permissible for him to record the confession.
If any person simply barges into the court and demands the Magistrate to record his confession as he has committed a cognizable offence, the course open to the Magistrate is to inform the police about it. The police in turn has to take the steps envisaged in Chapter XII of the Code. It may be possible for the Magistrate to record a confession if he has reason to believe that investigation has commenced and that the person who appeared before him demanding recording of his confession is concerned in such case. Otherwise the court of a Magistrate is not a place into which all and sundry can gatecrash and demand the Magistrate to record whatever he says as self-incriminatory.
Drafted By Abhijit Mishra
