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Report No. 37

Appendix 14

Note on Section 164(3)

When a confession is produced in evidence, there are three questions which can possibly arise,1 namely:-

(i) whether it was made by the accused;

(ii) whether it was free and voluntary;

(iii) whether it was genuine or true.

If all these three conditions are satisfied, there would remain nothing further to be done by the prosecution to secure conviction.

The main object of section 164(3) is to satisfy the court,2 that the confession is voluntary.

Various High Courts have, from time to time, issued circulars on the subject.3-6

Valuable suggestions have also been made in reported cases, as to the procedure to be followed.7-12

The undermentioned cases also discuss the matter.13-18

The provision in section 164(3) is not intended to be a mere formality. The importance of such a warning has been regarded as essential for a long time.19

The law as it stood in 1898 is dealt with in the undermentioned case.20

1. Birey Singh v. State, AIR 1953 All 785 (789), para. 6, (Desai J.).

2. See G. Subbaramayya (in re:), AIR 1937 Mad 321 (324), (traces history of the Madras rule).

3. Saravan Singh v. State of Punjab, AIR 1957 SC 637 (643), which approves circulars issued by the High Courts in Bombay, Madras and Uttar Pradesh.

4. Kuppathan v. King Emperor, AIR 1927 Mad 974.

5. Rangappa v. State, AIR 1954 Bom 285 (288) (Gajendragadkar and Chainani JJ.).

6. Ram Chandra v. State of Uttar Pradesh, AIR 1957 SC 381, 386.

7. Note by Dalip Singh J. in Jahangiri Lal v. Emp., AIR Lah 230 (244).

8. Discussion by B.K. Ray J. (as he then was) in Gurubaru Praja v. King, AIR 1949 Ori 67 (71, 72).

9. Discussion by B.K. Ray C.J. in Bala Majhi, AIR 1951 Ori 168 (173), para. 14.

10. Patey Singh v. Emp., AIR 1931 All 609 (615) (Boys and Sen JJ.).

11. Emp. v. Nazir, AIR 1933 All 31 (37).

12. Mohomed Ali v. Emp., ILR 56 All 302: AIR 1934 All 81 (84) (Sulaiman C.J.).

13. Shivabassappa (in re:), AIR 1959 Mys 47 (49), para. 4.

14. R. v. Moti, AIR 1953 All 792 (794, 795), para. 7 (Malik C.J.).

15. Paramhansa v. State, AIR 1964 Ori 144.

16. R. Reddy (in re:), AIR 1953 Mad 74.

17. Sainambu (in re:), AIR 1953 Mad 564.

18. Emp. v. Panchkari Dutt, ILR 52 Cal 67: AIR 1925 Cal 587 (Asutosh Mokerji J.).

19. See Emp. v. Jamuna Singh, AIR 1947 Pat 305 (322-325, 328), paras. 33 to 39, 47 (discusses English law also).

20. Emp. v. Radhe Halwai, 7 CWN 220.



Code of Criminal Procedure, 1898 (Sections 1-176) Back




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