Legal Provisions of Section 463 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Non-observance of the procedure prescribed for recording of confession or a statement of the accused under Section 164 may result in such confession being totally inadmissible, in evidence thereby frustrating the cause of justice.
ADVERTISEMENTS:
But this section seeks to rectify the error or non-compliance with any of the provisions of Section 164 or Section 281 by providing that oral evidence by the Magistrate to prove that the procedure laid down in Section 164 had actually been followed is permissible for the protection of the accused persons even though the procedure prescribed by Section 164 is not complied with.
Thus the error from the non-compliance with the provisions of Section 164 or 281 of CrPC. is cured under this section only when the defence of the accused is not adversely affected thereby on merits.
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However, if the Magistrate is not able to show affirmatively that the confession is in fact genuine and made by the accused voluntarily, such error will unnecessarily be detrimental to the protection of the accused and such confession is bound to be treated as unacceptable in evidence, as it might lead to an inference that it was procured by threat, inducement or promise.
ADVERTISEMENTS:
Where, while recording the confessional statement under Section 164; some questions put to the accused were not recorded by the Magistrate, it was held that the Sessions Judge ought to have looked into it in order to find out whether such omission had prejudiced the accused, and if not, the confession could have been admitted in evidence as per Section 463 of CrPC.
Section 463 also cures the irregularities as to recording of a confession in the language other than the language in which it was actually made by the accused.