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Section 162 And 164: Confession

As the confession was retracted later, it does not necessarily mean that the confession was not voluntary in nature. Whether the accused willingly gave the confession or not must be determined from his mental state at the time when he made the confession. In the present case, the confession of the accused was recorded by the Deputy Commissioner of Police (DCP) under the TADA Act.

The accused had expressed his willingness to make the confession, and the DCP took all precautions to ensure that the confession was voluntary. The confession was recorded after complying with all procedural formalities, and these facts were incorporated into the confessional statement.

Before the Magistrate, the accused did not claim that he was subjected to pressure or third-degree methods to extract the confession. Considering these facts, it can be concluded that the above confession was voluntary, truthful, and admissible in evidence under Section 15 of the Indian Evidence Act."

Section 15 of the Indian Evidence Act pertains to facts bearing on the question of whether an act was accidental or intentional.

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