10 Questions
What procedure does Section 164 lay down?
Procedure for recording confessions or statements by a Magistrate
What must the Magistrate ensure regarding confessions under Section 164?
That the confession is voluntary and not obtained by inducement, threat, or promise
What precaution must be taken when recording confessions under Section 164?
Confessions must be recorded in the prescribed manner to ensure fairness and voluntariness
What must the Magistrate do when recording confessions under Section 164?
Make a memorandum at the foot of the confession stating the exact words used by the accused
Are statements other than confessions admissible under Section 164?
Yes
What must the Magistrate ensure when recording statements under Section 164?
That they are recorded in the same manner as confessions, including the memorandum
Does the accused have the right to refuse to have his/her statement recorded under Section 164?
Yes
What must the Magistrate explain to the accused before recording a confession under Section 164?
That the accused is not bound to make a confession and that it may be used against him/her
What rights does the accused have in terms of making a confession under Section 164?
To make a voluntary confession and to be aware of the consequences
Is the recording of statements under Section 164 optional for the accused?
Yes, the accused can refuse
Learn about the differences in bail provisions between bailable and non-bailable offences. Understand when bail can be granted as a matter of right and when it is at the discretion of the court. Explore who has the power to grant bail in different types of offences.
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