Magistrate can record confession or statement
Any Metropolitan Magistrate or Judicial Magistrate, not even having
jurisdiction in the case, has the authority to record a confession or
statement made to him by a person, in the course of an investigation or
after it, but invariably prior to the inquiry or trial. This is provided
for under Section 164 of the Criminal Procedure Code, 1973 ( CrPC).
The Section allows recording of both confessions and other
non-confessional statements. It provides a special provision to record
confessions when they are made freely and voluntarily but not under any
pressure or influence. A confession so recorded is more of substantive
nature than a non-confessional statement. The mode of recording
confessions is different from that of statements.
Any confession or statement made before the Magistrate under Section 164
CrPC may be recorded by audio-video means in the presence of the
advocate of the accused person.