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Which of the following statements does not hold true for the confessions made to the Magistrate under the pro­visions of the Code of Criminal Procedure, 1973?
  • a)
    It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recorded
  • b)
    It is obligatory for the Magistrate to warn the accused, before recording his confession that he is not bound to make it and that if he does so, it may be used as evidence against him
  • c)
    The accused should be sent back to police custody as soon as the confession is recorded
  • d)
    It is necessary for the confession to be signed by the accused
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Which of the following statements does not hold true for the confessi...
An accused person who has made a confession before a Magistrate should be sent to the judicial lock-up and not made over to the Police after the confession has been recorded. Accused who has made a confession should not be kept in Police Custody, but, should be kept in Judicial lock-up separate from other prisoners.
Hence, the correct option is (C).
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Community Answer
Which of the following statements does not hold true for the confessi...
Explanation:

Duty of the Magistrate:
- It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recorded. This ensures that the confession is made voluntarily without any coercion or influence from the police.

Warning to the Accused:
- It is obligatory for the Magistrate to warn the accused, before recording his confession, that he is not bound to make it and that if he does so, it may be used as evidence against him. This warning is important to ensure that the accused understands the implications of confessing.

Return to Police Custody:
- The statement that the accused should be sent back to police custody as soon as the confession is recorded is not true. In fact, after recording the confession, the Magistrate should send the accused to judicial custody and not back to police custody. This is to protect the accused from any potential coercion or threats from the police.

Signing of Confession:
- It is necessary for the confession to be signed by the accused. This is to authenticate the confession and ensure that it was made by the accused. However, the confession should be recorded in the presence of the Magistrate and not in police custody to maintain its reliability and credibility.
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Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Anand kills Mahesh and enters in his diary that he has killed Mahesh. He then hides the diary and absconds. During a search operation the police finds the diary and now wishes to produce this as evidence of Anand's confession in the court. Can it be admitted in court?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Sobo was arrested by the Delhi police for allegedly committing affray near Rajiv Chowk. During the police custody, upon torture, Sobo wrote a letter wherein he confessed to committing affray and sent the same letter to an influential IAS officer of the area. Would this evidence be admissible in the court?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Omar was giving a speech in the urban area of Mumbai wherein he was alleged to promote enmity between two religious groups. One of the policemen, Kumar, from the police station where the FIR against Omar was filed happened to be attending that event off-duty. Kumar had a full recording of Omar's speech and police wants to present this as an evidence before the court. Can the prosecution do so?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Lakhan, a notorious goon of Bihar, was arrested for allegedly committing criminal breach of trust. During the police custody, he did not confess to criminal breach of trust but did confess to all of his previous crimes. The police videographed his evidence. Would this be admissible in the court in the present case?

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Which of the following statements does not hold true for the confessions made to the Magistrate under the pro­visions of the Code of Criminal Procedure, 1973?a)It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recordedb)It is obligatory for the Magistrate to warn the accused, before recording his confession that he is not bound to make it and that if he does so, it may be used as evidence against himc)The accused should be sent back to police custody as soon as the confession is recordedd)It is necessary for the confession to be signed by the accusedCorrect answer is option 'C'. Can you explain this answer?
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Which of the following statements does not hold true for the confessions made to the Magistrate under the pro­visions of the Code of Criminal Procedure, 1973?a)It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recordedb)It is obligatory for the Magistrate to warn the accused, before recording his confession that he is not bound to make it and that if he does so, it may be used as evidence against himc)The accused should be sent back to police custody as soon as the confession is recordedd)It is necessary for the confession to be signed by the accusedCorrect answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which of the following statements does not hold true for the confessions made to the Magistrate under the pro­visions of the Code of Criminal Procedure, 1973?a)It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recordedb)It is obligatory for the Magistrate to warn the accused, before recording his confession that he is not bound to make it and that if he does so, it may be used as evidence against himc)The accused should be sent back to police custody as soon as the confession is recordedd)It is necessary for the confession to be signed by the accusedCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements does not hold true for the confessions made to the Magistrate under the pro­visions of the Code of Criminal Procedure, 1973?a)It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recordedb)It is obligatory for the Magistrate to warn the accused, before recording his confession that he is not bound to make it and that if he does so, it may be used as evidence against himc)The accused should be sent back to police custody as soon as the confession is recordedd)It is necessary for the confession to be signed by the accusedCorrect answer is option 'C'. Can you explain this answer?.
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