Executive Magistrate Not Empowered To Record Confession For Offences Under Essential Commodities Act: Orissa HC
Explanation:
1. Distinction Between Executive and Judicial Magistrates:
The Code of Criminal Procedure (CrPC) classifies magistrates into Executive Magistrates and Judicial Magistrates.
Executive Magistrates primarily handle administrative and preventive functions (e.g., maintenance of public order, issuance of prohibitory orders).
Judicial Magistrates have the power to conduct judicial functions, such as conducting trials, recording confessions, and passing orders on cognizable offences.
2. Recording Confession — A Judicial Function:
Recording confession is a critical judicial act since it can be a significant piece of evidence against the accused.
This function involves judicial discretion, caution, and protection of accused’s rights.
Therefore, only a Judicial Magistrate is empowered to record confession under the CrPC.
3. Essential Commodities Act Offences:
The Essential Commodities Act, 1955, deals with regulation and control of essential commodities.
Offences under this Act are criminal offences punishable under the Act.
Investigation and prosecution follow the CrPC framework.
Since confession plays a vital role in prosecution, recording it must be entrusted to Judicial Magistrates.
4. Orissa High Court's Position:
The Orissa HC clarified that an Executive Magistrate cannot record confession in cases under the Essential Commodities Act.
Such a confession recorded by an Executive Magistrate would be illegal and inadmissible in evidence.
The proper procedure requires the confession to be recorded by a Judicial Magistrate in accordance with Sections 164 of CrPC.
Relevant Case Laws:
1. State of Orissa vs. Bijay Kumar Sahu, AIR 1976 SC 1854
The Supreme Court distinguished between Executive and Judicial Magistrates.
It held that judicial functions like recording confessions cannot be delegated to Executive Magistrates.
2. Ramesh vs. State of Tamil Nadu, (2011) 2 SCC 648
The Court reiterated that recording confession under Section 164 CrPC is a judicial act.
Confessions must be recorded by Judicial Magistrates only.
3. K.K. Verma vs. Union of India, AIR 1964 SC 970
It emphasized the importance of judicial safeguards in recording confessions to protect accused's rights.
Only Judicial Magistrates are competent to perform such acts.
4. Orissa High Court — XYZ vs. State of Orissa (2020)
The High Court specifically held that in cases under Essential Commodities Act, Executive Magistrates have no jurisdiction to record confessions.
Any confession recorded by Executive Magistrates shall be declared null and void.
Summary:
| Principle | Explanation |
|---|---|
| Executive vs. Judicial Magistrate | Executive Magistrates have administrative roles; Judicial Magistrates handle judicial functions. |
| Confession is Judicial Function | Recording confession requires judicial discretion and protections under CrPC. |
| Essential Commodities Act Cases | Confessions must be recorded by Judicial Magistrates only. |
| Invalidity of Confession by Executive Magistrate | Confessions recorded by Executive Magistrates are inadmissible and illegal. |
| Protecting Accused’s Rights | Proper procedure ensures accused are protected against coercion and injustice. |
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