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It covered the notes on Criminal Procedure Code of 1973
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1.1. The Rationale of the Criminal Procedure: The Importance of the Fair Trial The criminal procedure is an essential component of the justice system in India. The aim of the criminal procedure is to ensure a fair trial for all accused individuals, as provided under the Constitution of India. The right to a fair trial is a fundamental right of every person, and it is protected under Article 21 of the Indian Constitution. The Criminal Procedure Code, 1973 (CrPC) sets out the procedure to be followed in criminal cases in India. It seeks to strike a balance between the rights of the accused and the interests of the state in maintaining law and order. The rationale behind the criminal procedure is to ensure that the accused is given a fair trial, where their guilt or innocence is determined based on the evidence presented before the court. The criminal procedure ensures that the accused is informed of the charges against them, and they are provided with an opportunity to defend themselves against the said charges. The principle of presumption of innocence until proven guilty is a cornerstone of criminal proceedings in India. This means that the prosecution must prove the guilt of the accused beyond a reasonable doubt. The criminal procedure also provides for several safeguards to ensure a fair trial. These include the right to legal representation, the right to be heard, the right to cross-examine witnesses, and the right to appeal against any conviction. The importance of a fair trial cannot be overstated. It ensures that justice is administered impartially and protects the rights of the accused. The criminal procedure plays a crucial role in ensuring that a fair trial is conducted in criminal cases in India, and it serves as a bulwark against any form of arbitrariness or injustice To sum up, the criminal procedure in India provides a framework for conducting fair trials in criminal cases. Its significance lies in the protection of the fundamental right to a fair trial, which ensures that justice is administered impartially and equitably. Constitution of Criminal Courts and Offices The establishment and functioning of criminal courts and offices in India are regulated by the Criminal Procedure Code, 1973 (CrPC). The CrPC provides for the constitution and jurisdiction of various criminal courts, as well as the appointment of judges and their powers. Section 6 of the CrPC provides for the constitution of the District Courts, which are the second-tier courts in the criminal justice system. The District Court consists of the Sessions Court and the Chief Judicial Magistrate Court. The Sessions Court has the power to try serious criminal offences such as
murder, rape, and dacoity, while the Chief Judicial Magistrate Court can try cases where the maximum punishment is up to 7 years imprisonment. Section 9 of the CrPC provides for the constitution of Courts of Judicial Magistrates of First Class and Metropolitan Magistrates, which are part of the lower judiciary in the criminal justice system. These courts are established at the district and metropolitan levels, respectively, and have the power to try cases where the maximum punishment is up to 3 years imprisonment. Section 10 of the CrPC provides for the establishment of Courts of Judicial Magistrates of Second Class and Special Judicial Magistrates. These courts are established at the taluka and mandal level, respectively, and have the power to try cases where the maximum punishment is up to 1 year imprisonment. The High Courts are established under Article 214 of the Constitution of India and have appellate jurisdiction over all decisions of the lower courts. They also have the power to issue writs for the enforcement of fundamental rights under Article 226. Apart from the courts, the CrPC also provides for the establishment of various offices, including the office of the Public Prosecutor, the Office of the Attorney General, and the Office of the Solicitor General, which are provided for in Section 24 of the CrPC. To sum up, the constitution and functioning of criminal courts and offices in India are provided for under the Criminal Procedure Code, 1973. The CrPC provides for the constitution and jurisdiction of various criminal courts, including the lower judiciary, district courts, and high courts. The establishment of these courts and offices, as well as their proper functioning, play a vital role in ensuring the fair and efficient administration of justice in criminal cases in India. Powers of Criminal Courts The Criminal Procedure Code, 1973 confers various powers upon the criminal courts in India to conduct the trial of criminal cases and ensure the fair and efficient administration of justice. The powers of criminal courts are categorized into three main areas- Cognizance, Trial, and Punishment. Section 190 of the CrPC specifies the power of the magistrate to take cognizance of any offence. A magistrate can take cognizance of an offence either through a complaint or a police report, or by coming to know about it by any other means. Once the magistrate takes cognizance of the offence, the trial begins. Sections 251 and 252 of the CrPC provide for the power of the magistrate to conduct the trial of criminal cases. A magistrate has the power to frame the charges against the accused, take evidence, order the production of documents and conduct cross-examination of witnesses, and record statements. Section 357 of the CrPC provides for the power of the criminal courts to award compensation to the victim or their legal heirs in addition to the punishment imposed on the accused. The criminal courts are also empowered to impose various types of punishments on the accused, depending on the nature and severity of the offence. These include imprisonment, fine, forfeiture of property, and death sentence, among others. The power to award punishment is provided under Sections 53, 54, 55 and 53A of the Indian Penal Code, 1860 and other relevant penal provisions. Apart from the above powers, the criminal courts are also vested with certain inherent powers to ensure that justice is delivered in a fair and equitable manner. These powers include issuing
statement made by the informant in the FIR with the statement made by him in the court and use it as a means of corroborating his testimony. However, it is essential to remember that an FIR is not conclusive evidence in a trial. Its evidentiary value will depend on the quality of its contents, and the court will have to determine its evidentiary worth on a case-by-case basis In conclusion, an FIR is an essential document that serves as the first legal step in a criminal case. Its evidentiary value is significant, and it can be used as substantive evidence and for corroboration purposes. However, its value will depend on the specific facts and circumstances of each case and how well it is prepared and presented to the court. Pre-trial Process: Arrest 3.1. The Distinction between Cognizable and Non-Cognizable Offences: Relevance and Adequacy Problems The Criminal Procedure Code (CrPC) distinguishes between two types of offences, cognizable and non-cognizable, based on the severity of the crime. This distinction plays a crucial role in pre-trial processes like arrest and investigation. As per Section 2(c) of the CrPC, a cognizable offence is an offence where the police officer can arrest the accused person without a warrant. The police officer has the power to take immediate action and conduct an investigation into the matter. Some examples of cognizable offences are murder, rape, and theft In contrast, a non-cognizable offence is an offence where the police officer has no power to arrest the accused without a warrant. The police officer cannot take any action on their own and must obtain permission from the magistrate before initiating an investigation. Some examples of non-cognizable offences are defamation and assault. The distinction between cognizable and non-cognizable offences is relevant in determining the adequacy of police action. In the case of cognizable offences, the police have the power to take immediate action and arrest the accused person. This ensures that the investigation proceeds swiftly, and there is no delay in collecting evidence. However, in the case of non-cognizable offences, the police cannot take immediate action. This can lead to problems in securing evidence and making arrests. The investigation can also be delayed, which can impact the outcome of the case. In conclusion, the distinction between cognizable and non-cognizable offences plays a crucial role in pre-trial processes like arrest and investigation. The categorization of an offence as cognizable or non-cognizable under the CrPC determines the power of the police and the adequacy of their action. Steps to Ensure Presence of the Accused at Trial: Warrant and Summons
Ensuring the presence of the accused at trial is crucial for conducting a fair and impartial trial. The Criminal Procedure Code (CrPC) provides for two methods to ensure the presence of the accused at trial, namely, summons and warrants. As per Section 204 of the CrPC, when the court is of the opinion that the attendance of the accused is necessary, it may issue a summons to the accused. The summons requires the accused to appear before the court at a specific date and time. The accused is required to comply with the summons and appear before the court. In case the accused fails to comply with the summons, the court may issue a warrant to secure the presence of the accused. As per Section 204(2) of the CrPC, the court can issue a bailable or non-bailable warrant depending upon the gravity of the offence and the circumstances of the case. Further, Section 87 of the CrPC provides that when a court has reason to believe that the accused has absconded or is concealing himself to avoid arrest or execution of a warrant, it may issue a proclamation requiring the accused to appear before the court within a specified period In conclusion, the CrPC provides two methods to ensure the presence of the accused at trial, namely, summons and warrants. A summons is issued when the court believes that the attendance of the accused is necessary, and a warrant is issued in case of non-compliance with the summons or when there is reason to believe that the accused is absconding or concealing himself to avoid arrest. Arrest With and Without Warrant (Section 70-73 and 41) As per the Criminal Procedure Code (CrPC), there are certain provisions regarding the arrest of an accused person with and without a warrant. Section 41 of the CrPC deals with the power of the police officer to arrest without a warrant. As per this provision, a police officer may arrest without a warrant any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made. However, the police officer must have a reasonable belief that such a person has committed the offence. In addition to Section 41, Sections 70-73 of the CrPC deal with the specific cases where an arrest can be made without a warrant. Section 70 provides for the arrest of a person who has escaped from police custody or confinement lawfully provided Section 71 provides for the arrest of a person who has been proclaimed as an offender. Section 72 provides for the arrest of any person who, in the presence of a police officer, commits a non-cognizable offence. Section 73 provides for the arrest of any person who obstructs an officer in the execution of his duty.
Rights of the Arrested Persons: D. K. Basu Guidelines &Constitutional Rights (Article 14, 20, 21, 22 of the Constitution) The rights of arrested persons are protected under the Constitution of India and the Supreme Court has laid down guidelines in the D.K. Basu case to ensure that the fundamental rights of arrested persons are not violated. Article 14 of the Constitution of India provides that every person shall be equal before the law and shall be entitled to equal protection of the laws within the territory of India. This means that the state cannot discriminate against any person on the basis of religion, race, caste, sex, or place of birth, etc. Article 20 of the Constitution of India provides protection against self-incrimination. It states that no person accused of an offence shall be compelled to be a witness against himself. Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This means that the state cannot arbitrarily take away the life or personal liberty of any person, and there must be a proper legal procedure for doing so. Article 22 of the Constitution of India provides that an arrested person has the right to be informed of the grounds of his arrest, to consult and to be defended by a legal practitioner of his choice, and to be produced before a magistrate within 24 hours of his arrest. In addition to the above constitutional rights, the Supreme Court in the D.K. Basu case has laid down guidelines to ensure that the rights of arrested persons are protected. These guidelines include the right to
The right to know the grounds of arrest is a fundamental right of every arrested person. This right is ensured under the Criminal Procedure Code (CrPC) through various provisions such as Sections 50(1), 55, and 75. Section 50(1) of the CrPC provides that every police officer making an arrest shall, if the person arrested so requires, inform him of the grounds for such arrest. This provision ensures that the arrested person is informed of the reason for his arrest and is not left in a state of confusion or distress. Section 55 of the CrPC provides greater clarity regarding the details to be provided at the time of arrest. As per this provision, every police officer arresting a person shall prepare a memorandum of arrest which shall be attested by at least one witness. The memorandum of arrest shall contain the time and date of arrest, the name and address of the person arrested, the grounds for the arrest, and the name and designation of the arresting officer. Section 75 of the CrPC requires that a person arrested without a warrant shall be taken to the police station or nearest magistrate without unnecessary delay. Once the person is taken to the police station, he shall be informed of the grounds for his arrest. The right to know the grounds for arrest is an important safeguard against arbitrary arrest, and it ensures that an individual is not subjected to harassment or intimidation by the police. It also allows the arrested person to challenge the legality of his arrest and seek appropriate legal remedies. In conclusion, the right to know the grounds of arrest is a fundamental right of every arrested person, and the Criminal Procedure Code provides various provisions to ensure that this right is safeguarded. It is the duty of the police to inform the arrested person of the reason for his arrest, and any violation of this right may be challenged in a court of law. Right to be taken to Magistrate without Delay (Section 56, 57) The right of an arrested person to be produced before a magistrate without delay is a crucial safeguard against the abuse of police power. This right is protected under the Criminal Procedure Code (CrPC) through Sections 56 and 57. Section 56 of the CrPC provides that a person arrested without a warrant shall be taken to the nearest police station without unnecessary delay. Once taken to the police station, the arrested person shall be informed of the grounds for his arrest and his right to be produced before a magistrate without delay. Section 57 of the CrPC requires that an arrested person be produced before a magistrate within 24 hours of his arrest, excluding the time necessary for the journey from the place of arrest to the magistrate's court. This provision ensures that the arrested person is not subjected to prolonged detention without judicial oversight. If the arrested person is not produced before a magistrate within the stipulated time, he may seek release on the ground of illegal detention
In addition to this, Section 50(1) of the CrPC provides that every person who is arrested without a warrant shall be informed of the grounds of arrest, and shall be informed of their right to apply for bail. Furthermore, Section 303 of the CrPC provides that every accused person has the right to be defended by a pleader of their choice, subject to certain conditions. Additionally, Section 304 provides that if the accused does not have the means to engage a lawyer, the court shall provide legal aid to them at the expense of the state. The right to bail is also an important aspect of the criminal justice system. Section 437 of the CrPC provides that every person who is arrested and detained in custody can apply for bail, subject to certain conditions. The court, while granting bail, shall also inform the accused that they have the right to legal aid. Therefore, it is clear that under the Indian legal system, every person who is arrested and detained in custody has the right to consult a legal practitioner of their choice, as well as the right to be informed of their rights to apply for bail. In case of unavailability of legal aid, the court shall provide the accused with legal aid at the expense of the state. These provisions are essential to uphold the principles of justice and fairness in the criminal justice system. Right to be examined by a medical practitioner (Section 54) The right to be examined by a medical practitioner is an important safeguard provided to protect the rights of persons who are arrested and detained in custody in India. Section 54 of the Code of Criminal Procedure (CrPC) states that any person who is arrested and is in the custody of a police officer, shall be entitled to have himself medically examined at the time of his arrest and also at any time when he is in the custody of the police. This provision ensures that any injuries sustained by the person during the arrest or while in police custody are properly documented. The medical examination also ensures that any pre-existing medical conditions of the arrested person are taken into consideration and proper medical treatment is provided to them. Further, Section 55 of the CrPC states that if an arrested person requests to be examined by a medical practitioner of his choice, the request shall be complied with provided the medical practitioner is readily available and willing to conduct such an examination. In case of any violation of this provision, the aggrieved person may approach the High Court or the Supreme Court through a writ petition under Article 226 or Article 32 of the Constitution of India respectively. The court may direct the authorities to comply with the provisions of Section 54 and Section 55 of the CrPC and take remedial measures.` In conclusion, the right to be examined by a medical practitioner is an important safeguard provided to protect the rights of persons who are arrested and detained in custody in India. This provision is guaranteed under Section 54 and Section 55 of the CrPC, and any violation of this provision may result in legal consequences for the police authorities.
Bail-Remand : Concept, Purpose, Constitutional Overtones 4.1. Bailable and non Bailable Offences (Sections 436, 437, 439) Bail and Remand are two terms that are commonly used in Indian Criminal Law. These concepts are based on the idea that every person is innocent until proven guilty beyond a reasonable doubt. The granting of Bail and the order of Remand are governed by the Criminal Procedure Code, 1973 (CrPc). Remand is a judicial custody order passed by a Magistrate or a Court sending the accused to the police custody for further investigation. The primary purpose of remand is to assist the investigation agencies in collecting evidence and interrogating the accused. The maximum period of remand is 15 days for normal cases, 90 days for cases involving the offence of terrorism and 60 days for offences under NDPS Act. On the other hand, Bail is granting temporary release to an accused who is under arrest, upon a guarantee that the accused person shall attend court at the hearing of the case. Bail can either be granted by the police officer-in-charge of the police station or the Court. The court is empowered to grant Bail or reject Bail depending upon the circumstances of each individual case. Bail is granted after the satisfaction of the court that the accused will comply with the conditions of the Bail and will not flee from the jurisdiction of the court. Section 436 of the CrPc provides that every person who is arrested without a warrant and is accused of a bailable offence shall be entitled to be released on Bail. However, if the accused fails to furnish the Bail, then he shall be remanded to custody. Section 437 of the CrPc gives the power to the Magistrate or the Court to order Bail in non-bailable offences if the investigation officer fails to submit the charge sheet within the prescribed period. Moreover, if the counsel for the accused is able to demonstrate that there are no reasonable grounds to believe that the accused has committed the offence, the Judge may grant bail to the accused even in non-bailable offences. Section 439 of the CrPc gives the power to the High Court or the Court of Sessions to grant Bail to an accused irrespective of the nature of the offence, if the Court is satisfied that there are reasons for doing so. The reasons may be the health of the accused or if there is substantial material to indicate that the accused is not guilty. The Constitution of India protects the right of an individual against arbitrary arrest and detention, and the right to be released on Bail. The concept of Bail and Remand are very important in ensuring that a fair and just trial takes place. It is the responsibility of the judiciary to balance the interest of the accused with the overall interest of society, while determining the question of Bail or Remand. Cancellation of Bail (Sections 437(5)) Section 437(5) of the Code of Criminal Procedure, 1973 (CrPC) deals with the cancellation of bail granted to an accused person. It empowers the court, upon application by the prosecution or the complainant, to cancel the bail granted to an accused if the court is satisfied that there are reasonable grounds for doing so. The provision of cancellation of bail is essential as the accused may indulge in illegal activities while on bail or interfere with the trial process. Thus, to safeguard the interest of justice, the court may cancel the bail granted to an accused.
(CrPC) provides for two types of remand – Police Remand and Judicial Remand, which are granted under Section 167 and Section 309, respectively. Under Section 167 of the CrPC, when a person is arrested without a warrant and charged with an offense that is punishable with imprisonment for 7 years or more, the investigating officer may produce the accused before a magistrate and seek police remand. The police can detain the accused in their custody for a maximum period of 15 days under police remand. On the other hand, under Section 309 of the CrPC, a magistrate can grant judicial remand for the accused during the trial period. The remand can be granted for a maximum of 15 days, but the period can be extended if there are sufficient reasons for the delay and the accused's detention is otherwise justified. The purpose of remand is to allow the authorities to complete their investigation and ensure the accused's appearance before the court. The Supreme Court of India has laid down certain guidelines to ensure that the accused's rights are not violated during the remand period. The accused must be informed of the grounds of arrest and the right to legal representation from the outset. The accused has the right to be produced before the magistrate at the earliest, and the remand order must specify the reasons for detention. In conclusion, the Code of Criminal Procedure provides for two types of remand - police remand and judicial remand. The police can detain the accused in their custody for a maximum period of 15 days under police remand, and the magistrate can grant judicial remand for a maximum period of 15 days. The relevant sections of the CrPC are 167 and
Pre-trial process: Magisterial Powers to take Cognizance (Application of Judicial Mind) Examination of Complainant The pre-trial process is an important stage of the criminal justice system that involves the magistrate's power to take cognizance of an offense and examine the complainant. This process ensures that the justice system operates fairly and maximizes the protection of the rights of the accused. Under Section 190 of the Code of Criminal Procedure, 1973 (CrPC), a magistrate is empowered to take cognizance of any offense upon receiving a complaint, from the police report or through his own knowledge. This is the initial stage where the magistrate applies judicial mind and decides whether there is enough evidence to issue summons or warrants. Once the magisterial cognizance is taken, the magistrate has the power to examine the complainant under Section 200 of the CrPC. The examination is important as it allows the magistrate to determine whether there is a prima facie case against the accused, and ensure that the complaint is made in good faith and not merely to harass the accused. The magistrate may also examine the witnesses under Section 202 of the CrPC before issuing process against the accused.
The examination of the complainant and the witnesses should be recorded, and the accused should be allowed to cross-examine them under Section 204 of the CrPC. This ensures that the accused has the opportunity to rebut the allegations made against him and protect his rights. In conclusion, the pre-trial process of the criminal justice system involves the magistrate's power to take cognizance, examine the complainant and witnesses and apply a judicial mind to decide if there is sufficient evidence to issue summons or warrants. The relevant sections under the CrPC are 190, 200, 202, and 204. The process ensures that justice is served and the rights of all parties involved are safeguarded. Commencement of proceedings and Issue of Process: (Section 190, 200, 201, 202, 203, 204) The commencement of proceedings and issue of process are crucial parts of the criminal justice system that involve the magistrate's decision-making process. The relevant sections under the Code of Criminal Procedure, 1973 (CrPC) are 190, 200, 201, 202, 203, and 204. Under Section 190 of the CrPC, the magistrate may take cognizance of any offense on his own or upon receiving a complaint, a police report, or any other information. The magistrate must apply judicial mind and ensure that there is sufficient evidence to proceed against the accused. Once the magistrate takes cognizance, he may examine the complainant under Section 200 of the CrPC. This is done to ensure that the allegations made are genuine and not vexatious in nature. The magistrate may also issue summons to the accused under Section 204 of the CrPC, which is a type of process directing the accused to appear before the court. Under Section 201 of the CrPC, the magistrate may also postpone the issue of process if he deems it necessary to conduct an investigation. The magistrate can also send the complaint to the police for further investigation under Section 156(3) of the CrPC. Additionally, under Section 202 of the CrPC, the magistrate may examine the witnesses or conduct a preliminary inquiry before issuing process against the accused. The magistrate may also direct the police to conduct an investigation under Section 202(2) of the CrPC. Section 203 of the CrPC provides for the dismissal of a complaint if there is no sufficient ground to proceed against the accused. The magistrate must ensure that the allegations made in the complaint prima facie constitute an offense and that there is sufficient evidence to institute proceedings against the accused. In conclusion, the commencement of proceedings and issue of process involve the magistrate's discretion to take cognizance of an offense, examine the complainant and witnesses, and apply a judicial mind to determine the sufficiency of the evidence. The relevant sections of the CrPC are 190, 200, 201, 202, 203, and 204. These provisions ensure that the criminal justice system operates fairly and the rights of accused are protected.
may convict him and pass an appropriate sentence. If the accused pleads not guilty, the court shall proceed with the trial and frame the charges.
In India, the concept of discharge under CrPC is provided under Section 227 of the Criminal Procedure Code, 1973. The section empowers the Magistrate or the Court to discharge an accused from the case if after considering the record and documents provided by the prosecution, and after hearing the accused and their arguments, it appears that there is no sufficient ground for proceeding against the accused The discharge of an accused can also be sought on the basis of pre-charge evidence, which means that the evidence submitted before the framing of charges. In such a scenario, the accused or their lawyer can file an application under Section 239 of the CrPC, before the court. The court will examine the evidence available on record and if it finds that there are no sufficient grounds to proceed against the accused, it will discharge them. However, if the court finds that there are prima facie grounds to proceed against the accused, it will frame charges against them and the case will proceed further. It is important to note that a discharge application cannot be filed at any stage of the trial. It can only be filed before the charges are framed. Therefore, it is crucial for the accused to file a discharge application before the framing of charges if they think that there is insufficient evidence against them. In conclusion, the provisions under Sections 227 and 239 of the CrPC provide for the discharge of an accused if there are no sufficient grounds for proceeding against them, without framing charges. The accused or their lawyer can file a discharge application on the basis of pre-charge evidence before the court. However, it is important to note that a discharge application can only be filed before the framing of charges. Pre-trial process: Search and seizure 9. 1 Investigation: Powers, Procedure The pre-trial process in Criminal Law involves several stages. One such stage is the search and seizure investigation, which is governed by the Criminal Procedure Code, 1973. The law gives extensive powers to investigating agencies to conduct searches and seizures to gather evidence against the accused. The powers of search and seizure are mentioned in Section 165 & 166 of the CrPC. According to Section 165, any police officer acting under the authority of a warrant, or without a warrant, can search any place in which he has probable cause to believe that an offence has been committed. During the search, the officer can seize any article or thing which is relevant to the case, without warrant. However, if there is no probable cause or if the object or article does not relate to the case, it cannot be seized. Further, it is important to note that a panchnama must be prepared in the presence of two independent witnesses to record the search and seizure proceedings.
The procedure for search and seizure is laid down in Section 165(4) of the CrPC which states that after completion of the search, the officer must prepare a list of all things seized and record the details in writing, known as the Panchnama. Investigating agencies must also follow the guidelines set by the Hon’ble Supreme Court in the case of Director General of Income Tax (Investigation) v. Speacewood Pvt. Ltd, AIR 2019 SC 1289, which stated that the power of search and seizure should be exercised only after satisfying the following conditions a) The authorized officer has reason to believe that there is a failure of tax or other illegal activities. b) The search warrant must contain information specifying the grounds of belief, and the premises to be searched. c) The officer must disclose his identity and authority before starting the search, and only after obtaining the necessary authorization from the appropriate authority. In Conclusion, while investigating agencies are given extensive powers of search and seizure under the CrPC, it is important for them to follow the appropriate procedure and obtain necessary authorizations before executing the search. Any violation of these provisions may render the evidence collected illegal and inadmissible in a court of law. 9.2 Investigation: Recording of statement, examination of witnesses, Recording of Confession (section 160 to 164 of Criminal Procedure) During the pre-trial process in Criminal Law, the investigation is a crucial stage that determines the fate of the accused. The investigation involves the recording of statements, examination of witnesses, and recording of confessions, which are governed by Sections 160 to 164 of the Criminal Procedure Code, 1973. Under Section 160, a police officer conducting an investigation has the power to require attendance of any person who, in his opinion, can provide information related to the matter being investigated. These persons are required to appear before the investigating officer and provide all the information and knowledge they possess relating to the case. Further, under Section 161, the investigating officer can examine witnesses. The witness is bound to tell the truth and is obligated to answer all the questions truthfully. The police officer must record the statements of all the witnesses under Section 161(3). Confessions, on the other hand, have a special status under the law. Section 164 governs recording of confession. The confession should be made voluntarily without coercion or undue influence. The confession statement must be recorded by a Metropolitan Magistrate or Judicial Magistrate, and the accused person must make the confession in the presence of the Magistrate. This is ensured to remove any possibility of pressure or coercion by the investigating agencies. The law, however, has laid down certain safeguards to ensure that confessions are recorded voluntarily and without any fear or coercion. Section 164 (3) provides that the Magistrate