CrPC Section 115
Section 115 of the Criminal Procedure Code (CrPC), 1973 – Procedure in Case of Confession Made to Magistrate
Text of the Section:
“When any confession is made to a Magistrate, the Magistrate shall record such confession in the manner provided by Section 164 and shall not act upon such confession unless it is made in the presence of the accused or after the accused has had an opportunity of being heard.”
Detailed Explanation:
1. Introduction:
Section 115 of the CrPC regulates the procedure to be followed when a confession is made to a Magistrate during the course of an investigation or trial. The purpose is to ensure that confessions are voluntary, reliable, and recorded properly to be admissible in court.
2. Purpose:
To provide legal safeguards against forced or coerced confessions.
To ensure fairness and transparency in recording confessions.
To protect the rights of the accused by giving them an opportunity to be heard.
3. Key Provisions:
Any confession made to a Magistrate must be recorded according to Section 164 of the CrPC.
Section 164 requires the Magistrate to record the confession in the presence of the accused, ensuring the statement is voluntary.
The Magistrate must ensure the accused understands the contents of the confession.
The Magistrate cannot act solely on a confession unless the accused has been given an opportunity to respond or be heard regarding that confession.
4. Importance:
Prevents misuse or abuse of power by authorities during interrogation.
Ensures that confessions used as evidence are truthful and not the result of intimidation or coercion.
Protects the fundamental rights of the accused under the law.
5. Practical Implications:
Confessions made in custody without the presence or knowledge of the accused cannot be admitted unless recorded following this procedure.
Courts scrutinize confessions recorded under Section 115 with caution to check for voluntariness.
Failure to comply with this section may result in exclusion of the confession from evidence.
6. Related Provisions:
Section 164 CrPC: Recording of confessions and statements before Magistrate.
Section 24 to 30 of the Indian Evidence Act: Deal with the admissibility of confessions.
Article 20(3) of the Constitution of India: Protection against self-incrimination.
7. Judicial Interpretation:
The Supreme Court has emphasized that confessions must be voluntary and made without any inducement, threat, or promise.
Courts have held that the opportunity to be heard is essential before acting on a confession.
Confessions not recorded as per this section may be treated as inadmissible in evidence.
Conclusion:
Section 115 of the CrPC safeguards the accused by ensuring that confessions made to a Magistrate are recorded properly, voluntarily, and with the accused’s knowledge and opportunity to be heard. This provision is crucial for maintaining the fairness and integrity of criminal proceedings.
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