The Confession Conundrum: Doctrine analysis on Code of Criminal Procedure Section 164 (183 BNSS)– Boon or Bane towards Criminal Justice System.

The lack of definition of the term ‘confession’ in the Indian Evidence Act of 1872 (Bharatiya Sakshya Adhiniyam, 2023) is indeed an affair of grave concern, where it cannot be treated as a legal loophole. It can be considered an intelligent approach taken by the judiciary, keeping in mind the need to leave a little scope within the process of judicial interpretation. In contrast, when assessing the contents of Section 164 of Code of Criminal Procedure (183 Bharatiya Nagarik Suraksha Sanhita, 2023), 1973, it must be said that the responsibility of conducting an honest investigation shall guarantee a just outcome. Under this section, it becomes feasible for the Magistrates to record the confessions of the accused and the key witnesses involved in the process of investigation. Despite the complete dependence of the police on this provision, there are certain obstacles that arise in the process of implementation. Sometimes, the inadequacies of technology, the mechanical method of recording, and excessive pressure applied to the accused before taking him to the court may spoil the whole procedure. Besides the differences, the withdrawal of statements by the confessing/witnessing individual prior to his appearance in the court raises doubts. The purpose of the current article is to analyze the pros and cons of the CrPC 164 (183 BNSS) section statement recorded in criminal cases and how it stands with justice.