CrPC Section 265D
CrPC Section 265D details the procedure for recording confessions and statements before a Magistrate during investigation.
CrPC Section 265D governs how confessions and statements are recorded by a Magistrate during a criminal investigation. This section ensures that such recordings are done fairly and transparently, safeguarding the rights of the accused and maintaining the integrity of the investigation process.
Understanding this section is crucial for anyone involved in criminal proceedings, as it highlights the procedural safeguards that prevent coercion and ensure that confessions or statements are voluntary and reliable.
CrPC Section 265D – Exact Provision
This section mandates the Magistrate's involvement in recording confessions or statements made during investigation to ensure fairness. It requires the presence of the accused and police officer, emphasizing voluntariness and absence of coercion. The provision protects against forced confessions and helps maintain the credibility of evidence.
Magistrate records confessions/statements upon request.
Recording must be in presence of accused and police officer.
Ensures confessions are voluntary and free from coercion.
Protects accused’s rights during investigation.
Maintains integrity of recorded evidence.
Explanation of CrPC Section 265D
This section means that if a confession or statement is made to the police, the accused can ask the Magistrate to record it. The Magistrate must do so in a fair way, with both the accused and police present, to ensure the statement is voluntary.
The section requires Magistrate involvement in recording confessions.
Affects accused persons and police officers during investigation.
Triggered when a confession or statement is made to police.
Allows Magistrate to record the statement upon accused’s request.
Prohibits coercion or forced confessions during recording.
Purpose and Rationale of CrPC Section 265D
This section exists to protect individuals from forced or involuntary confessions during police investigations. It ensures that confessions are recorded transparently under judicial supervision, balancing police powers with the accused’s rights and preventing misuse of authority.
Protects accused from coercion and forced confessions.
Ensures proper procedure in recording statements.
Balances police investigation powers and individual rights.
Prevents abuse or misuse of police authority.
When CrPC Section 265D Applies
This section applies during the investigation phase when a confession or statement is made to the police. The accused can request the Magistrate to record it, ensuring the process is fair and voluntary.
Applies when confession or statement is made to police.
Accused must request Magistrate to record the statement.
Magistrate, police officer, and accused must be present.
Applies only during investigation, before trial begins.
Does not apply if no request is made by the accused.
Cognizance under CrPC Section 265D
Cognizance under this section is taken when the accused requests the Magistrate to record a confession or statement made to the police. The Magistrate then records it in presence of the accused and police officer, ensuring voluntariness. This process safeguards the rights of the accused during investigation.
Accused requests Magistrate to record confession or statement.
Magistrate records statement in presence of accused and police.
Ensures statement is voluntary and free from coercion.
Bailability under CrPC Section 265D
CrPC Section 265D itself does not define bailability but relates to recording statements during investigation. The bailability depends on the offence involved. However, ensuring voluntary confessions can impact bail decisions by providing fair evidence.
Bailability depends on the offence, not this section directly.
Voluntary statements may support bail applications.
Protects accused’s rights during investigation affecting bail outcomes.
Triable By (Court Jurisdiction for CrPC Section 265D)
Matters involving CrPC Section 265D are part of the investigation process and do not determine trial jurisdiction. The trial court—Magistrate or Sessions Court—handles the case depending on offence severity. The section ensures proper recording before trial begins.
Investigation stage involves Magistrate for recording statements.
Trial jurisdiction depends on offence severity (Magistrate or Sessions Court).
Section ensures procedural fairness before trial.
Appeal and Revision Path under CrPC Section 265D
Decisions related to recording confessions under this section can be challenged through appeals or revisions in higher courts if procedural irregularities occur. Typically, appeals lie with Sessions Court or High Court depending on case status and nature of grievance.
Appeals possible against Magistrate’s recording decisions.
Revision petitions can be filed in High Court.
Timelines depend on procedural rules and case specifics.
Example of CrPC Section 265D in Practical Use
Person X is under investigation for theft. During police questioning, X makes a statement. X requests the Magistrate to record this statement to ensure it is voluntary. The Magistrate records it in presence of X and the police officer. This protects X from any coercion and ensures the statement’s credibility in court.
Section ensured voluntary and fair recording of statement.
Key takeaway: safeguards accused’s rights during investigation.
Historical Relevance of CrPC Section 265D
This section was introduced to enhance procedural safeguards during investigations, addressing past concerns about forced confessions. It evolved to involve Magistrates in recording statements, ensuring judicial oversight and protecting accused persons.
Introduced to prevent forced confessions during investigation.
Added judicial oversight by Magistrates in recording statements.
Amended to strengthen accused’s procedural rights.
Modern Relevance of CrPC Section 265D
In 2026, this section remains vital for protecting human rights during investigations. It supports transparent policing and fair criminal procedures by involving Magistrates, reducing chances of abuse and ensuring evidence reliability in courts.
Supports transparent and fair investigation processes.
Prevents misuse of police power in recording confessions.
Ensures reliability of evidence in modern criminal trials.
Related Sections to CrPC Section 265D
Section 164 – Magistrate’s power to record confessions and statements
Section 161 – Police examination of witnesses
Section 167 – Procedure when investigation is not completed
Section 41 – Arrest without warrant
Section 313 – Examination of accused during trial
Case References under CrPC Section 265D
- State of Punjab v. Gurmit Singh (1996, 2 SCC 384)
– Confessions must be voluntary and recorded properly to be admissible.
- Kartar Singh v. State of Punjab (1994, 3 SCC 569)
– Magistrate’s role in recording confessions is crucial for fairness.
- Ramesh Kumari v. State (Delhi Administration) (2000, 4 SCC 107)
– Coerced confessions cannot be used as evidence.
Key Facts Summary for CrPC Section 265D
- Section:
265D
- Title:
Recording Confessions and Statements
- Nature:
Procedural safeguard during investigation
- Applies To:
Police, Magistrate, Accused
- Cognizance:
Taken upon accused’s request to Magistrate
- Bailability:
Depends on offence, not directly applicable
- Triable By:
Magistrate during investigation; trial court depends on offence
Conclusion on CrPC Section 265D
CrPC Section 265D plays a crucial role in safeguarding the rights of accused persons during criminal investigations. By involving the Magistrate in recording confessions or statements, it ensures that such evidence is collected fairly and voluntarily, preventing coercion or abuse by police authorities.
This section strengthens the criminal justice system by promoting transparency and judicial oversight early in the investigation process. Understanding and applying this provision helps maintain trust in law enforcement and protects citizens from wrongful treatment.
FAQs on CrPC Section 265D
What does CrPC Section 265D cover?
It covers the procedure for recording confessions or statements made to police during investigation, requiring Magistrate involvement to ensure voluntariness and fairness.
Who can request the Magistrate to record a confession under this section?
The accused person can request the Magistrate to record the confession or statement made to the police during investigation.
Does this section guarantee bail to the accused?
No, Section 265D does not directly deal with bail. Bail depends on the nature of the offence and other legal provisions.
Why is Magistrate’s presence important when recording statements?
Magistrate’s presence ensures that confessions are voluntary, free from coercion, and recorded fairly, protecting the accused’s rights.
Can a confession recorded without Magistrate’s involvement be used in court?
Confessions recorded without Magistrate’s involvement may be challenged for voluntariness and could be inadmissible if found coerced or unfairly obtained.