Question

Any confessional statement by the accused given to the Magistrate is

• A. Admissible
• B. Not admissible
• C. Challengeable
• D. None of the above

Hint:

Remember the simple rule for confessions: Confession to Police = Inadmissible. Confession in Police Custody = Inadmissible. Confession in Police Custody but in front of a Magistrate = Admissible. Confession to a Magistrate (as per S.164 CrPC) = Admissible.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the admissibility of a confessional statement made by an accused person to a Magistrate. A confession is an admission of guilt.

Step 2: Key Legal Provision:
Sections 24, 25, and 26 of the Indian Evidence Act, 1872, and Section 164 of the Code of Criminal Procedure, 1973, are relevant here.
- Section 25, IEA: No confession made to a police officer shall be proved as against a person accused of any offence. - Section 26, IEA: No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. - Section 164, CrPC: Provides the procedure for recording of confessions and statements by a Magistrate.

Step 3: Detailed Explanation:
The Indian Evidence Act creates a clear distinction between confessions made to the police (which are inadmissible) and those made to a Magistrate. A confession made to a police officer is completely inadmissible (Section 25). A confession made while in police custody is also inadmissible, with one key exception: if it is made in the immediate presence of a Magistrate (Section 26).
Section 164 of the CrPC lays down the detailed procedure that a Magistrate must follow to record a confession, including warning the accused that they are not bound to make it and that it may be used as evidence against them. This procedure ensures that the confession is voluntary and free from police coercion.
Therefore, a confessional statement recorded by a Magistrate in accordance with the procedure is admissible in evidence.
Option (C) "Challengeable" is true for almost any piece of evidence, but the primary legal status of such a confession is that it is admissible. The accused can later challenge its voluntariness, but it is not inadmissible per se.

Step 4: Final Answer:
A confessional statement given by an accused to a Magistrate is admissible as evidence.