NATIONAL LAW INSITITUTE UNIVERSITY BHOPAL

Topic : Analysis of Section 164 of Code of Criminal Procedure

(Recording of Confession and Statement)

Submitted by : Amber Siddiqui Submitted to: Prof. Divya Salim

Roll No. : 2014 BA.LLB 36
 Synopsis

BRIEF INTRODUCTION

Confession of witnesses and the accused is a very important determinant in the pronouncement of guilt
in a Criminal Justice Trial. The scope and the parameters of Confession and the confessional
statements have traveled beyond the boundaries of the traditional Sections 24, 25, 27 and Sections 161,
164, 167 in the Indian Evidence Act, 1872 and the Code of Criminal Procedure Code, 1973
respectively. With the emergence of new scientific techniques like Brain Fingerprinting, Brain Mapping,
Narco- Analysis, Lie detectors, etc. for tracing the exact information for purposes of corroboration of
information and admissibility as piece of evidence in the cases, a need for bringing changes in both the
provisions of Procedural Codes above mentioned is an emerging thought. Further Confession is a
concept closely interrelated to the concerns of Part III rights enshrined in the Constitution of India,
under Article 20(3), 21 etc. The gross misuse of the powers of the investigating agencies (police) and
the abuse of counter- terrorism laws in the country like the (repealed) POTA and TADA which are now
struck for the gross violation of Fundamental Rights under Article 14 and 21 due to their inherent
vagaries (Sec. 32 of POTA and Sec. 15 of TADA) from the rights of accused under the Indian
Evidence Act, 1872. The Honble Supreme Court of India has accepted fact that Confessional
Statements due effect the entire findings and decisions of the Criminal Trials. Thus in various
case laws the Courts in India the importance of Voluntary Confessions, Prevention of

Retraction from Confessions, avoiding duress and use of 3rd degree force by the police while the
accused is in custody. The importance of confessional statement by the witnesses is reflected in the
Supreme Courts concern to bring in Witness Protection Mechanism for purposes of the criminal justice
system. Recent developments in the domain of Confession are many; the famous Malimath Committee
reflects the thoughtful concerns on the same in the report on Criminal Reforms.

Approach
The following section shall form the part of paper

INTRODUCTION : Deals with important aspects of section 164, CrPC, its development and brief analysis.
Also the analysis of this section during Investigation and during trial (section 313, CrPC).

Dissection of section 164 - This part will deal with different sub parts of the section, sub-section wise and
clause wise.
Judicial Analysis - As per the instruction of Professor there will be judgment from 2000 to 2017 dealing
with section 164 and 313 of CrPC. List of cases will be provided further.

OBJECTIVES
1. CONFESSION: STATUTORY DIMENSIONS BY WAY OF RECENT JUDGMENTS.
2. CONFESSION UNDER POTA & TADA
3. CRITIQUE OF MALIMATH RECOMMENDATIONS ON CONFESSION
4. CONTEMPORARY FORM OF CONFESSION

CASE LIST

Jogendra Nahak v. State of Orissa (2000) 1 SCC 272

Mannan Sk and Ors v. State of west bengal Criminal appeal no. 1307 of 2014
Ajay Kumar Parmar v. State of Rajasthan (2012) 12 SCC 406)
Mahabir Singh v. State of Haryana, AIR 2001 SC 2503
Virender v. State of NCT of Delhi (Crl. A.No. 121/2008 Date of Decision : 29.09.2009)
Baldeo and ors v State of U.P 2013(2)ACR1916, 2013(3) ALJ 266., 2013 (81) ALLCC 166
Lal Singh v State of Gujarat, AIR 2001 SC 746, 757; S.N. Dube v N.B. Bhoir, (2002) 2 SCC, p. 254
& 287.
Bharatbhai v State of Gujarat, AIR 2002 SC, p. 3620 & 3631
Nazir Ahmad Bhatt v State of Delhi, (2002) 1 SCC, p. 674 & 677.
Simon v State of Karnataka, (2004) 1 SCC, p. 74, pp. 81-82.

(List of other cases will be included in main project.)