Section 16   [ View Judgements ]

Certain confessions made to Police Officers to be taken into consideration


(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police office not lower in rank than a Superintendent of Police and recorded by such police officer in writing or on any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person [1] [or co-accused, abettor or conspirator] for an offence under this Act or rules made thereunder:



[2] [Provided that co-accused, abettor or conspirator is charged and tried in the same case together with the accused.]



(2) The police officer shall, before recording any confession under sub-section (1), 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 such police officer shall not record any such confession unless upon questioning the person making it, he has reason to believe that it is being made voluntarily.

FOOTNOTES:

1. Inserted by Act 43 of 1993, section 6.

2. Inserted by Act 43 of 1993, section 6.



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