Section 164. Power to record statements and confessions.

7. At this stage, it would be appropriate to reproduce the provisions of Section 164 Cr.P.C. as under:- 

“Section 164. Power to record statements and confessions. 

(1) Any Magistrate of this First Class and any Magistrate of the Second Class specially empowered in this behalf by the Provincial Government may, if he is not a police officer, record any statement or concession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial. (1-A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused was given an opportunity of cross-examination the witness making the statement. 

(2) Such statement shall be recorded in such of the manners hereinafter prescribed for recording evidence as it, in his opinion, best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in section 364, and such statement or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tired. 

(3) A Magistrate shall, before recording any such confessions explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon question the person making it, he has reason to believe that it was made voluntarily: and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect:--------“ 

 Part of Judgment

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

WP- Criminal Proceeding
27577-15

2015 LHC 6617