Report No. 185
In the 69th Report, it was stated that there were two meanings as what was meant by "otherwise relevant". One view, as in Patna was that it must be a confession other than those referred to in section 24 to 28. The other view taken by the Bombay High Court was that it may be one admissible and not excluded by section 24 to 28 or by any other provision of law. The latter view was accepted and it was suggested that the words "is otherwise relevant" be replaced by the words "made by an accused person is not irrelevant or incapable of being proved under section 24 to 27 or to drop the word 'such' or that the word 'such' may be dropped. In fact, the Report stated that the dropping of the word 'such' is preferable.
The Commission considered section 29 in relation to section 164 and finally recommended that section 29 must be made subject to section 164(2) CrPC.
We entirely agree with these two recommendations and that section 29 should be redrafted as follows:
"29. Confession otherwise relevant not to become irrelevant because of promise of secrecy etc.- (1) If a confession is otherwise relevant, it does not become irrelevant merely becaus.-
(a) it was made
(i) under a promise of secrecy, or
(ii) in consequence of a deception practised on the accused person for the purpose of obtaining it, or
(iii) when he was drunk, or
(iv) in answer to questions which he need not have answered, whatever may have been the form of those questions.
(b) the accused person was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
(2) Subject to the provisions of section 463 of the Code of Criminal Procedure, 1973, nothing contained in sub-section (1) shall make a confession relevant which is recorded in contravention of the provisions of sub-section (2) of section 164 of that Code."