1. The document outlines procedures that magistrates must follow when recording confessions, including giving their full attention, avoiding haste, and ensuring the accused understands their rights.
2. It provides specific safeguards like only recording confessions during court hours in the magistrate's court, giving the accused at least 3 hours for reflection first, and excluding police officers involved in the investigation or arrest.
3. The magistrate is to carefully explain the rights to the accused and confirm they understand before proceeding with the confession, and must believe it is being made voluntarily without pressure or coercion.
1. 1
1
Muksudpur G.R Case No.-75/2020
Bangladesh From No. 3859
Form No. (M) 84
Form of Recording Confessions or statements under section 164 of the code of Criminal Procedure
(Rules)
23. Magistrates should clearly
understand the great importance of
giving their closest attention to the
procedure to be followed, from first
to last. In the recording of
confessions. This procedure should
be followed without haste. with
care and deliberation. it being
understood that this duty is not a
distasteful and minor, appendage or
addition to their normal functions.
but one which is of consequence to
the confessing accused, his co-
accused and courts responsible for
the administration of criminal
justice. A confession which is
recorded perfunctory and hastily is
a source of embarrassment to the
trail Court, the prosecution and the
defiance. The provisions of
sections 24 to 28 of the Indian
Evidence Act and of section 164 of
the code of Criminal Procedure and
the following safeguards among
other shall be adopted:-
(1) Confessions are to be records
during the Court hours and in the
Magistrate's Court or other room in
a building ordinarily used as a
Court hours, unless the Magistrate,
for reasons recorded by him on the
Form No. (M) 84. certifies that
compliance with these conditions is
impracticable or that he is satisfied
that the ends of justice would be
liable to be defeated thereby. It
must be clearly understood that the
recording of a confession at a
Magistrate's private residence, or at
any place other than the
Magistrate's Court shall be the
exception and not the rule and that
on Sundays and holidays when it is
necessary to record a confession
Before Amit Kumer Biswas Magistrate of
the first class
the second class specially empowered in this behalf
in subdivision juducial magistrate of District-Gopalganj
1. The accused Hayder Ali is brought by Md. Abul Bashar
Police
(Sub) Inspector
(Head) Constable
before me at my
Court
Camp
House at (a) Khas bites on the (b) 12/06/2020
at (c) 12:00 noon
m
p
m
a
.
.
to have his
statement
confession
recorder.
memo
Letter
given to me, dated 12/06/2020 from the (d) Md. Abul Bashar
is attached to the record.
I have ascertained that the offence was committed at (a) Raghadi under
2. 2
2
the Magistrate' shall proceed to his
Court for the purpose after making
all
arrangements for the production of
the accused before him in that
Court, if the confession is recorded
in a room that is ordinarily open to
the public, the Magistrate may, if
he thinks fit, order that the public
generally or any particular person
shall not have access to or be or
remain in the room used for the
purpose.
(2) When the accused is the
produced the Magistrate should
ascertain, When and Where the
alleged offence was committed,
and by questioning the accused,
should further ascertain when and
where the accused was first placed
under police observation, control or
arrest.
(3) Magistrate shall not matters
mentioned
except under circumstance which
carefully before
render delay impossible, record the
confession of an accused person
immediately the police bring him
into Court. He shall be given it
least three hours for reflection,
during which period he shall not be
Constable
in contact with any police officer
and shall not be permitted to hold
converse with any person.
Muksudpur police station on the brick paved road on the north side of the
plaintiff's residence.
on (b) 30/03/2020 at (c) 11:00-12:00 am
.
.
.
.
m
p
m
a
If the accused is produced before me today 12-06-2020 at 12:00 noon, he will
give a confessional statement. 03:00 hours under the supervision of Peon
Parimal Biswas for his own discretion. Finally on further questioning he said
that he would give a confessional statement, accordingly we recorded his
confessional statement from 03:00-03:00 PM.
....................................................................................................
(a) Here interest name of place
(b) Here interest date
(c) Here interest home
(d) Here interest officer's designation
Signed/-
12-06-2020
Amit Kumer Biswas
Senior juducial magistrate
Gopalganj.
2. The accused is asked details as to length of time during which and
place where he has been under the control of the police.
first placed under observation
detained
arrested
I was -------------------------------- at (e) 18.00 NwUKvq
a.m
p.m
on 01.06.2020 in Village
town of gyPbv evRvi, gyKmy`cyi
_vbv
city
I was taken of (f) wmw›`qvNvU cywjk dvwo, gyKmy`cyi _vbv at
19.15 NwUKv on
wigvÛ †k‡l I was sent to you from (e) wmw›`qvNvU cywjk dvwo,
gyKmy`cyi _vbv on 12.06.2020
3. Having talked with accused explaining to him each of
the in paragraph 5 here under and cautioned him that he ought
to reflect making any statement I have placed him is charge of
Peon cwigj
‡gvt ivRb wgqv --------------------
Armed police
and directed the accused to wait in Avgvi Lvm Kvgivq Avmvgx‡K
¯^vaxbfv‡e wPšÍv Ki‡Z 03 N›Uv mgq †`Iqv nq|
3. 3
3
(4) During the examination
in my place
of the accused and the records of
his named.
statement, a co-accused and, unless
in the opinion of the Magistrate the
not been
sage custody of the prisoner cannot
production of the
otherwise be secured, police
officers should not be present in
particular the police officers
concerned in the investigation of
the case or in the arrest or
production of the accused shall be
excluded.
(5) The Magistrate should give
the explanations required by
section 164 Cr. P.C and the other
explanations mentioned in the
From in a careful and patient
manner, not perfunctorily but so as
against ensure that they are fully
understood .
(6) (a) The Magistrate Should
statements of his
not proceed to record the statement
of the accused unless and until he
has reason, upon questioning him
farther
and observing his demeanor to
made by the believe that accused is
speaking Accused.
and is about to speak voluntarily.
(b) While it is not in general
necessary or desirable to invite
in order that he may to reflect before making any statement
4. I have satisfied myself that there on police officer in the court
whence the proceeding can be seen or heard, except the above named
Avgvi Lvm Kvgivq †Kvb cywjk wQj bv
who have/has been
concerned in the investigation of the crime or in the arrest or production
of the accused.
5. I now carefully explain afresh to the accused:-
1. that I am not an officer of police but a Magistrate;
2. that he is not bound to make a confession;
3. that if he dose make a confession it any be used in evidence
him;
4. that he should not say anything because others have told him
is at liberty to say whatever he really desires to say;
5. that he should say nothing which in untrue;
and I sign my name here under in token that these mattes have
been explained and that he appears to me to understand them.
m¦vÿwiZ/-12.06.2020
AwgZ Kzgvi wek¦vm
wmwbqi RywWwmqvj g¨vwR‡óªU,
†MvcvjMÄ|
(Signature of Magistrate.)
.......................................................................................................
(e) Insert time in accused own language; also date and place
(f) Give place. time and date.
6. In order to ascertain whether the accused is prepared to make a
Own free will, he is next examined as follows:-
Questions.
Answers and any further
statement made by the
accused.
1| Avcwb Rv‡bb wK Avwg cywjk bq g¨vwR‡÷ªU? n¨v Rvwb|
4. 4
4
complaints of ill-treatment by the
police, cognizance of such
complaints when made should be
promptly taken, and any
indications of the use improper
pressure should be at once
investigated. If any injuries are
notice on the body of the accused
or are referred today him he should
be asked how he came by them,
and if necessary, in order to enable
the Magistrate to be satisfied that
the accused is about to speak
voluntarily, the accused should be
medically examined before his
statement is taken.
(e) It must be clearly understood
that the questioning of an accused
person in order to discover if the
making of a confession in
voluntary, is not a mere formality.
The Magistrate must apply his
mind judicially and endeavor to
base his finding upon definite
premises and grounds.
(7) While carefully avoiding
anything in the nature of cross-
examination, the Magistrate should
endeavor to record his statement
language. in the fullest detail, and
to this end may properly put such
question, not being leading
question, as may be necessary to
enable the occupation Magistrate
clearly to understand his meaning
Station.
2| Avcwb ‡`vl ¯^xKv‡ivw³ g~jK Revbew›` cÖ`v‡b eva¨ bb Rv‡bb wK?
n¨v Rvwb|
3| †`vl ¯^xKv‡ivw³g~jK Revbew›` Avcbvi weiæ‡× e¨eüZ n‡Z cv‡i,
†R‡bI Avcwb w`‡eb? n¨v w`‡ev|
4) Avcwb †¯^”Qvq webv cÖ‡ivPbvq †`vl ¯^xKvi Ki‡eb wK bv? n¨v
Ki‡ev|
5| Avcbv‡K cywjk fq †`wL‡q‡Q wK bv? †`Lvq wb|
7. Record of statement made-
The statement of nvq`vi KvRx aged about 50 eQi
years, made in the Language evsjv
My name is nvq`vi KvRx
My father's name is g„Z ingvb KvRx
I am by caste gymwjg and by occupation ‡dwiIqvwj
My home is at Mauza `v‡miKvw›` Police Station gyKmy`cyi
District ‡MvcvjMÄ, I reside at
Revbe›`x
MZ 29/03/2020Bs gywo LvIqv wb‡q Bw`ª‡mi †cvjv Mvd&dvi,
mvËvi, kvRvnv‡bi †cvjv kwdK| ‡gv¯Í dwK‡ii †cvjv kvgxg, dv‡qK
†gvjøvi †cvjv bvRgyj Ges Avgvi †cvjv Avjvwg‡bi g‡a¨ gvivgvwi,
we‡iva nq| MÖv‡gi Mb¨gvb¨ e¨w³ wg‡j 30/3/2020 mKvj 11.00 Uvi
w`‡K G‡m e‡j weKv‡j mvwjk n‡e| bRiæj, Av‡bv, Kvjvg g„av G‡m e‡j
†h weKv‡j mvwjk K‡i hv‡ev| Kvgvj g„avi †QvU fvB mv‡q`yj G‡m e‡j,
10. 10
10
in contact with any police officer
and shall not be permitted to hold
converse with any person.
(4) During the examination
in my place
of the accused and the records of
his named.
statement, a co-accused and, unless
in the opinion of the Magistrate the
not been
sage custody of the prisoner cannot
production of the
otherwise be secured, police
officers should not be present in
particular the police officers
concerned in the investigation of
the case or in the arrest or
production of the accused shall be
excluded.
(5) The Magistrate should give
the explanations required by
section 164 Cr. P.C and the other
explanations mentioned in the
From in a careful and patient
manner, not perfunctorily but so as
against ensure that they are fully
understood .
(6) (a) The Magistrate Should
statements of his
not proceed to record the statement
of the accused unless and until he
has reason, upon questioning him
farther
and observing his demeanor to
made by the believe that accused is
speaking Accused.
and is about to speak voluntarily.
(b) While it is not in general
necessary or desirable to invite
complaints of ill-treatment by the
police, cognizance of such
complaints when made should be
promptly taken, and any
Peon Gbv‡qZ
‡gvt ivRb wgqv --------------------
Armed police
and directed the accused to wait in Avgvi Lvm Kvgivq Avmvgx‡K
¯^vaxbfv‡e wPšÍv Ki‡Z 03 N›Uv mgq †`Iqv nq|
in order that he may to reflect before making any statement
4. I have satisfied myself that there on police officer in the court
whence the proceeding can be seen or heard, except the above named
Avgvi Lvm Kvgivq †Kvb cywjk wQj bv
who have/has been
concerned in the investigation of the crime or in the arrest or production
of the accused.
. I now carefully explain afresh to the accused:-
1. that I am not an officer of police but a Magistrate;
2. that he is not bound to make a confession;
3. that if he dose make a confession it any be used in evidence
him;
4. that he should not say anything because others have told him
is at liberty to say whatever he really desires to say;
5. that he should say nothing which in untrue;
and I sign my name here under in token that these mattes have
been explained and that he appears to me to understand them.
m¦vÿwiZ/-30.06.2020
KvÂb Kzgvi KzÛz
wmwbqi RywWwmqvj g¨vwR‡óªU,
Avgjx Av`vjZ
gyKmy`cyi, †MvcvjMÄ|
(Signature of Magistrate.)
.......................................................................................................
(e) Insert time in accused own language; also date and place
(f) Give place. time and date.
6. In order to ascertain whether the accused is prepared to make a
Own free will, he is next examined as follows:-
14. 14
14
for the remand to police custody
of a prisoner who has failed to
make an expected confession of
statement should not be granted.
(Signature of Magistrate)
[Note:- The Form to be used by Magistrates recording confessions in
the one which Contain the appropriate Rules in margin.]
Government printing press- Computer Section- 1416/2002-2203
(Law)-07-06-2003-5,00,000.