Guidelines for recording Judicial Confession.

2018 PCrLJ NOTE 180

2018 SLR 450

(i) All signs of fear intruded by the Investigating Agency in the'mind of the accused are to be removed.

(ii) Assurance hąs to be given to the maker that in case of refusal to make confession, his custody shall not be handed over to police.

(iii) Sufficient time for reflection is to be provided after administration of first warning (iv) Second warning is also required to be given to the accused after the expiry of time given for thinking over the consequences of making confessions after first warning

(v) Assurance by the Recording Magistrate to the accused that he is in safe hands.

(vi) All police officials whether in uniform or otherwise including Naib Court must be kept outside the Court and beyond the view of thè accused

(vii) After observing all the formalities referred above, all required questions incorporated in the High Court Rules and Orders should be put and answers given be recorded in the words spoken by accused.

(viii) Statement of accused must be recorded by the Magistrate in his own hand and in case of genuine compulsion, note is required to be given to justify dictation to Ministerial Staff who shall be administered oath that he will correctly type or write the correct version stated by the accused and dictated by the Magistrate.

(ix)Confessional statement should not contradict the case setup by prosecution on material particulars and also should not be inconsistent with other confessions, if there are more than one maker

(x) In case, accused only understands his mother language and confession is recorded in another language (Urdu and English), the same shall be explained to the accused in the language which he fully understands with clean stance of Recording Magistrate that he is well- versed with the language in which confession was made which was translated word by word.

(xi) Certificate as required under Section 364 of Act V of 1898 has to be given by the

Magistrate about the proceedings under his seal and signature.

(xii) After recording statement, accused shall be sent to judicial remand and during this process he shall not be handed over to police official/officer whether he is Naib Court wearing police uniform...!!