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Extra Judicial Confession

The acceptability of an extrajudicial confession is contingent upon its voluntary nature, the mental fitness of the confessor, and the reliability, trustworthiness, and irreproachability of the evidence. If it meets the credibility criteria, it can be accepted and form the basis of a conviction.

Under Section 164 of the CrPC, it is not mandatory for the Magistrate to record the time and place in the statement; nor does the omission of such details invalidate the statement. There is no directive mandating the provision of free legal aid to the accused on the first or second day of their court appearance.

However, it is evident that the Magistrate exercised due diligence by sufficiently cautioning the appellant on the first day of appearance. Instead of recording the statement immediately, the Magistrate sent the appellant to a correctional home for 24 hours of reflection.

On the second day, after being brought from the correctional home, the appellant was again cautioned statutorily by the Magistrate, and only thereafter was the confession recorded. Thus, the Magistrate took adequate precautions to eliminate any potential police interference before recording the accused's confessional statement.

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