Lecture 14

1. CRIMINAL PROCEDURE CODE, 1973
CHAPTER XXXV
SECTION 463: Non-compliance with provisions of section 164 or
section 281
BY ARUNDHATI BANERJEE

2. BARE ACT LANGUAGE EXPLAINED
(1) If any Court before which a confession or other statement of an accused recorded, or purporting to be
recorded under section 164 or section 281 tendered, or has been received, in evidence finds that any of the
provisions either of such sections have not been complied with by the Magistrate recording the statement, it
may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 take evidence in
regard to such non-compliance, and may if satisfied that such non-compliance has not injured the accused in
his defense on the merits and that he duly made the statement recorded, admit such statement.
FLOW CHART FOR EASY EXPLANATION
164 READ
WITH 281
ERROR
RECORD
EVIDENCE
TRIAL
MAGISTRATE
IF
STATISFIED
NO
INJURY
MAY ADMIT

3. SECTION 463 CONTINUED…
(2) The provisions of this section apply to Courts of appeal, reference and revision.
FLOW CHART FOR EASY EXPLANATION
APPLICATION COURTS
APPEAL
REFERENCE
REVISION

4. POINTS TO REMEMBER
 Section 91 Indian Evidence Act, 1882 does not apply on Section 463 CrPC.
 A confession has to be recorded in strict observance of the formalities provided in Section 164
and 281. but owing to the extremely delicate nature of statements and confession the law has
provided safeguards in the form of Section 463. This Section is designed to cure to some extent
the defects and irregularities in the recording of the confession under Section 164.
 Section 164 does not override Section 29 Indian Evidence Act, 1882. In view of the specific
provision of Section 29, mere absence of warnings under Section 164 would not make the
confession inadmissible provided the court is satisfied that the accused knew that he was not
bound to make the make confession and that if he did so it would be used as evidence against
him.

5. CASES RELATED TO THIS SECTION
KEHAR SINGH AIR 1988
A Magistrate’s failure to ask why the accused wanted to confess has been held to be a non compliance of
form curable under Section 463.
CHANDRAN vs. STATE OF TAMIL NADU AIR 1978
However, if the magistrate recording a confession of an accused person produced before him in the
course of police investigation, does not on the face of the record. Categorical terms his satisfaction or
belief as to voluntary nature of the confession recorded by him nor testifies orally as to such satisfaction
or belief the defect would be fatal to the admissibility and use of the confession against the accused at
the trial.

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