Correct option is C
The correct answer is (c) Section 463.
Detailed Explanation:
1. Section 164 Cr.P.C.: This Section deals with the recording of confessions and statements by a Magistrate. It mandates specific procedures to ensure that confessions are made voluntarily and are recorded properly.
2. Section 463 Cr.P.C.: This Section provides a remedy for procedural defects in the recording of such confessions or statements. If a confession or statement is recorded in a manner that does not comply strictly with the provisions of Section 164, Section 463 allows the Court to overlook such defects if the irregularity has not prejudiced the accused.
3. Purpose: The intent behind Section 463 is to ensure that minor procedural lapses do not invalidate a confession or statement, provided the overall fairness of the process is maintained and the accused’s rights are not compromised.
4. Judicial Scrutiny: The court must be satisfied that the irregularity has not caused any prejudice to the accused, ensuring that the confession or statement remains reliable and valid.
Information Booster:
1. Procedural Safeguards: Sections 164 and 463 work together to balance the need for procedural rigor with the flexibility to address minor lapses.
2. Voluntariness of Confession: Ensuring that confessions are voluntary is a cornerstone of these provisions, protecting the rights of the accused.
3. Judicial Oversight: Section 463 underscores the role of judicial oversight in maintaining the integrity of confessions and statements.
4. Fair Trial: These provisions contribute to the broader principle of ensuring a fair trial by allowing for the rectification of procedural errors without compromising justice.
Additional Information:
· Section 281 Cr.P.C.: Deals with the record of the examination of the accused. It requires that the examination of the accused must be recorded by the Magistrate or the Sessions Judge.
· Section 461 Cr.P.C.: Lists irregularities that vitiate proceedings. It does not specifically address the recording of confessions under Section 164 but highlights certain procedural defects that invalidate legal proceedings.
· Section 463 Cr.P.C.: Specifically addresses defects in the recording of confessions or statements, allowing Courts to overlook these defects if no prejudice is caused to the accused.
