CrPC Section 163
Criminal Procedure Code (CrPC) - Section 163: Power to Record Confession or Statement
Section 163 of the Criminal Procedure Code (CrPC) deals with the procedure for recording the confession or statement of an accused or a witness by a police officer. This section ensures that confessions or statements recorded during the investigation are properly documented and helps prevent coercion or unfair treatment.
Purpose:
The purpose of Section 163 is to regulate how confessions or statements are recorded by the police during an investigation, ensuring the voluntariness and authenticity of such statements and protecting the rights of the accused or witnesses.
Key Provisions of Section 163:
Recording of Confession or Statement:
A police officer investigating a case may record the confession or statement of the accused or any other person who is supposed to be acquainted with the facts of the case.
Writing in the Language of the Person:
The confession or statement should be recorded in the language understood by the person making it.
If the person does not understand the language used, the statement should be interpreted and explained properly.
Signature or Thumb Impression:
The person making the confession or statement should sign the document or affix their thumb impression as proof of its authenticity.
If the person is unable to sign, this fact must be recorded.
Reading Over the Statement:
The police officer must read over the recorded confession or statement to the person to ensure that it is correctly and fully recorded.
Voluntariness:
The confession or statement must be made voluntarily, without any coercion, threat, or promise.
Use as Evidence:
Statements recorded under Section 163 may be used for investigation purposes but are not admissible as evidence against the accused during the trial except in certain circumstances.
Confessions made to a police officer are generally not admissible as evidence in court (under Section 24 of the Indian Evidence Act).
Importance of Section 163:
Protects Rights of Accused: Prevents forced confessions and safeguards the accused against police misconduct.
Ensures Proper Documentation: Mandates clear recording and verification of statements to maintain accuracy.
Aids Investigation: Helps police collect relevant information legally during investigation.
Legal Safeguards: Distinguishes between investigation materials and admissible evidence in court.
Practical Example:
When a police officer arrests a suspect, they may record the suspect’s confession or statement regarding the crime under Section 163. The officer must ensure the suspect understands the content and signs or marks the statement voluntarily.
Conclusion:
Section 163 of the CrPC provides an important legal framework for recording statements and confessions by police during investigations. It balances the need for effective investigation with the protection of individual rights, ensuring statements are recorded fairly and transparently.
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