CrPC Section 464

CrPC Section 464 governs how confessions and statements are recorded before a Magistrate. This section ensures that such recordings are done properly, voluntarily, and with legal safeguards. Understanding this section helps protect individuals from forced confessions and upholds the integrity of evidence in criminal trials.

Proper recording of confessions and statements is crucial in the criminal justice process. Section 464 outlines the procedural requirements to prevent coercion and to maintain fairness. It also guides Magistrates on their duties during recording, which is essential for admissibility in court.

CrPC Section 464 – Exact Provision

This section mandates that confessions or statements made before a Magistrate must be recorded accurately and signed by the Magistrate. It also requires informing the person that making a confession is not compulsory and that any such confession can be used as evidence. This ensures that the accused is aware of their rights and that the confession is voluntary and properly documented.

• Confession or statement must be recorded by the Magistrate.

• Recording should be in the language of the accused or the Court.

• Magistrate must sign the record to validate it.

• Person must be informed that confession is not compulsory.

• Confession or statement can be used as evidence if voluntary.

Explanation of CrPC Section 464

This section explains how confessions or statements made before a Magistrate should be recorded to ensure fairness and legality.

• The section requires the Magistrate to record the confession or statement accurately.

• It affects the accused or any person making a statement before the Magistrate.

• The triggering event is when a confession or statement is made voluntarily to the Magistrate.

• The Magistrate must inform the person that they are not obliged to confess.

• Improper or coerced confessions are prohibited and may be invalid.

Purpose and Rationale of CrPC Section 464

This section exists to protect individuals from forced or involuntary confessions and to maintain the integrity of evidence in criminal proceedings. It ensures that confessions are recorded transparently and with proper safeguards, balancing the need for truthful evidence and the rights of the accused.

• Protects the rights of accused persons against coercion.

• Ensures proper procedure in recording statements.

• Balances police and judicial powers with individual rights.

• Prevents misuse or abuse of confessions as evidence.

When CrPC Section 464 Applies

The section applies whenever a confession or statement is made voluntarily before a Magistrate during investigation or trial. It governs the recording process to ensure legality and voluntariness.

• Applies when confession or statement is made to a Magistrate.

• Magistrates have authority to record such statements.

• Relevant during investigation and trial stages.

• No specific time limit but must be contemporaneous with confession.

• Does not apply to statements made outside Magistrate's presence.

Cognizance under CrPC Section 464

Cognizance under this section occurs when a Magistrate receives a confession or statement from a person. The Magistrate must then record it properly, ensuring the person understands their rights. This process is crucial for the confession’s admissibility in court.

• Magistrate takes cognizance upon receiving confession or statement.

• Records the statement in appropriate language and signs it.

• Informs the person about the voluntary nature of confession.

Bailability under CrPC Section 464

Section 464 itself does not deal with bailability but relates to confessions which may impact bail decisions. The nature of the offence connected to the confession determines bail eligibility.

• Bail depends on the offence, not this section directly.

• Confession may influence bail if it affects evidence strength.

• Accused retains right to apply for bail as per general CrPC provisions.

Triable By (Court Jurisdiction for CrPC Section 464)

Matters involving confessions recorded under Section 464 are generally tried by Magistrate courts or Sessions courts depending on the offence. The section ensures the confession is admissible in these courts.

• Magistrate courts handle recording and initial trial stages.

• Sessions courts try serious offences where confession evidence is used.

• Trial courts assess voluntariness and validity of confession.

Appeal and Revision Path under CrPC Section 464

Decisions involving confessions recorded under this section can be appealed or revised as per general CrPC provisions. Higher courts review the admissibility and voluntariness of confessions during appeals.

• Appeal lies to Sessions Court or High Court depending on trial court.

• Revision petitions can be filed against Magistrate’s orders.

• Timelines follow general CrPC appeal rules.

Example of CrPC Section 464 in Practical Use

Person X is accused of theft and voluntarily confesses before a Magistrate. The Magistrate records the confession in X’s language, informs X of their rights, and signs the record. This ensures the confession is valid evidence and protects X from coercion.

• The section ensured the confession was voluntary and properly recorded.

• Key takeaway: Proper procedure safeguards rights and evidence integrity.

Historical Relevance of CrPC Section 464

This section has evolved to address concerns about forced confessions during colonial times. Amendments have strengthened safeguards to protect accused persons and ensure confessions are voluntary and legally admissible.

• Introduced to prevent coerced confessions under colonial rule.

• Amended to require Magistrate’s signature and informing accused of rights.

• Reflects evolving human rights standards in criminal law.

Modern Relevance of CrPC Section 464

In 2026, this section remains vital for protecting accused persons’ rights amid advanced interrogation techniques. It ensures confessions are voluntary, recorded transparently, and admissible, supporting fair trials and justice delivery.

• Protects against misuse of technology in extracting confessions.

• Supports digital recording and transparency in courts.

• Balances police investigation needs with human rights.

Related Sections to CrPC Section 464

• Section 165 – Police to record statements and confessions

• Section 164 – Recording of confessions and statements before Magistrate

• Section 25 – Confession to police officer not to be proved against accused

• Section 26 – Confession made to police not to be proved against accused

• Section 27 – How much of information received from accused may be proved

Case References under CrPC Section 464

1. State of Punjab v. Gurmit Singh (1996, AIR 1393)

   – Confession must be voluntary and recorded properly to be admissible.

2. Rameshwar v. State of Rajasthan (1977, AIR 1364)

   – Magistrate’s duty to inform accused of rights is mandatory.

3. Ram Narayan v. State of Madhya Pradesh (2010, 5 SCC 740)

   – Improper recording leads to confession being inadmissible.

Key Facts Summary for CrPC Section 464

• Section:

  464

• Title:

  Recording Confessions and Statements

• Nature:

  Procedural

• Applies To:

  Magistrate, accused

• Cognizance:

  Magistrate records confession upon receiving it

• Bailability:

  Not directly applicable

• Triable By:

  Magistrate/Sessions Court

Conclusion on CrPC Section 464

CrPC Section 464 plays a crucial role in ensuring that confessions and statements made before a Magistrate are recorded with full legal safeguards. It protects individuals from coercion and ensures that confessions are voluntary and admissible in court.

By mandating the Magistrate’s signature and informing the accused of their rights, this section upholds the principles of fairness and justice. Understanding this section empowers citizens and legal practitioners to safeguard rights during criminal proceedings.

FAQs on CrPC Section 464

What is the main purpose of CrPC Section 464?

Its main purpose is to ensure that confessions and statements made before a Magistrate are recorded properly, voluntarily, and with legal safeguards to protect the accused’s rights.

Who records the confession under Section 464?

The Magistrate is responsible for recording the confession or statement in the language of the accused or the Court and must sign the record.

Is a person obliged to make a confession under this section?

No, the Magistrate must inform the person that they are not bound to make a confession or statement, ensuring voluntariness.

Can a confession recorded under Section 464 be used as evidence?

Yes, if the confession is voluntary and properly recorded, it can be used as evidence against the accused in court.

Does Section 464 deal with bail rights?

No, this section does not directly address bail, which depends on the nature of the offence and other CrPC provisions.