Confession In Police Custody | ‘Magistrate’ U/S 26 Evidence Act Does Not Include Executive Magistrate

Case: Rayees Ahmad Dar Vs UT of J&K

Coram: Justice Sanjay Dhar

Case No.: Bail App No.05/2022

Court Observation: “Giving it any other construction would defeat the provisions contained in Section 164 of the Cr. P. C, which provides for safeguards for ensuring recording of confessions of the accused in a free and fair environment.”

“This view is further strengthened from the fact that the provisions contained in Section 164 of the Cr. P. C, which deals with the recording of confessions and statements, clearly provides that it is only a Metropolitan Magistrate or the Judicial Magistrate who is empowered to record the confession or statement made in the course of an investigation or even afterwards before the commencement of the inquiry or trial”

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