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New CLAT Pattern – Passage Based MCQs – Legal Reasoning

The Code of Criminal Procedure makes provision for the recording of confession by the Magistrate. When a person who is in police custody and is accused of a crime, repents and is inclined to confess his guilt, in such a situation the person is taken to the nearest Magistrate for the purpose of recording the confession by the Magistrate. Under Section 164 of Cr.PC any Metropolitan Magistrate or a First Class Magistrate is competent to record a confession made by the accused but however it also says that, the persons vested with executive magisterial powers are not competent to record the confessions. For example, the DOG, the Commissioner of Police who are vested with the executive magisterial powers are not competent to record confessional statements. Further Section 164 prescribes a procedure in order to ensure that the confession is free and voluntary, Para 2 of Section 164 says that the Magistrate must explain to the accused that he is not bound to make a confession and that if he chooses to make a confession it would be used in proceedings against him. It is the duty of the Magistrate to warn him. Further, it says, when an accused who is brought before the Magistrate to make a confession, is not willing to confess or refuses to make a confession then the Magistrate shall not authorize him to police custody but should authorize him to judicial custody. Otherwise the purpose of providing a safeguard is defeated. It further says, when the Magistrate is fully convinced that the accused is making a voluntary confession then only he should record the confession and then add a foot note at the bottom that the accused has been explained that he is under no obligation to make a confession and that it will be proved against him. Finally, he adds: “I have every reason to believe that the confession is voluntary and this confession recorded was read out to the accused reason to believe that the confession and found to be correct”. Only when a confession is recorded in this manner by a Magistrate it can be proved.

  1. X was taken to the nearest magistrate to record his confession but decided against recording it. Choose the correct course of action for the magistrate.
    a. Send the accuse back to police custody
    b. Persuade him to record the confession
    c. Send him to judicial custody
    d. Any of the option A or C.
    Answer: c
    Rationale: Further, it says, when an accused who is brought before the Magistrate to make a confession, is not willing to confess or refuses to make a confession then the Magistrate shall not authorize him to police custody but should authorize him to judicial custody.

  2. The magistrate was not sure that whether the accused was under compulsion to record the confession or not. He asked him some questions to clarify and also told him about the consequences of his confession. What is the right course of action as a magistrate?
    a. Not record the confession if he is not convinced about the voluntary nature of the confession.
    b. Record the confession after asking the questions from the police.
    c. Record the confession after asking the questions from the accused.
    d. None of the above.
    Answer: a
    Rationale:
    when the Magistrate is fully convinced that the accused is making a voluntary confession then only he should record the confession and then add a foot note at the bottom that the accused has been explained that he is under no obligation to make a confession and that it will be proved against him.

  3. Which of the following is the duty of a magistrate while recording the confession?
    a. To explain the accused that he is not bound to make a confession.
    b. The confession will be used in the proceedings against him.
    c. To ensure that no physical torture is done on the accused.
    d. Both A and B.
    Answer: d
    Rationale:
    Further Section 164 prescribes a procedure in order to ensure that the confession is free and voluntary, Para 2 of Section 164 says that the Magistrate must explain to the accused that he is not bound to make a confession and that if he chooses to make a confession it would be used in proceedings against him.

  4. Which of the following is attributable to the passage above?
    a. When a person who is in police custody and is accused of a crime, repents and is inclined to confess his guilt, in such a situation the person is taken to the nearest Magistrate for the purpose of recording the confession by the Magistrate.
    b. It is the duty of the police to warn the accused.
    c. “I have every reason to believe that the confession is voluntary and this confession recorded was read out to the accused reason to believe that the confession and found to be correct”. Only when a confession is recorded in this manner by a Magistrate it can be proved.
    d. Both A and C
    Answer: d
    Rationale: 
    Both Option A and C can be attributable to the passage above. Option B should read as “It is the duty of the magistrate to warn the accused”. 

  5. Salim was a known gangster who was apprehended by the police in a raid in Salim’s village. After being caught, he felt humiliated by the crimes he had committed and wanted to apologize by confessing the crime and accepting the punishment. The Station Inspector along with constables brought Salim before the commissioner of police to confess, where Salim confesses about the crime he has committed. Is the confession admissible against himself in court?
    a. Yes, Salim has confessed his crime therefore it will be used against him.
    b. No, the confession will not be used against him since it was made to commissioner of police.
    c. Yes, he feels humiliated and wants to confess therefore his confession must be used against him.
    d. His intention to confess tells us that he is a changed man, therefore he should be released.
    Answer: b
    Rationale:
    Commissioner of Police who is vested with the executive magisterial powers is not competent to record confessional statements. Therefore, b is the correct answer.

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