Section 164 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!
Recording of confessions and statements: The confessional statements recorded under this section are substantive evidence but a non-confessional statement recorded under this section is not substantive evidence and it can be used for corroborating or contradicting the witness making such statement in the trial. The mode of recording a confession is different from that of other statements. This section applies only to confessions which are made out of free will and voluntarily. It is now a settled law that Section 164 does not merely deal with the manner of recording the confession and statements, but it also deals with their admissibility and relevancy as evidence in the trial. The Supreme Court has ruled that the confession or statement made to a Magistrate in course of police investigation must be reduced to writing and by virtue of Section 90 of the Evidence Act; the Magistrate would not be competent to give oral evidence of such statement having been made by the accused Sub-se...