Evidence act
Shumaila Altaf
(Querist) 05 March 2014
This query is : Resolved
greetings!
Section 29 of the evidence act says that If such a confession is otherwise relevant, it does not become irrelevant merely because the accused was not warned that he was not bound to make such confession, and that evidence of it might be given against him. Isn't this contradicting section 164 of the crpc. kindly make the position clear.
T. Kalaiselvan, Advocate 
(Expert) 05 March 2014
No this is not contradicting 164 cr.p.c.
As per Indian evidence Act, "29. Confession otherwise relevant not to become irrelevant because of promise of secretary etc. -
If such a confession is otherwise relevant, it does not become it was made under a promise of secrecy. or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to question which he need not have answered, whatever may have been the form of those question, or because he was not warned that he was bound to make such confession, and that the evidence of it might be given against him.
Whereas u/s 164(4) of cr.p.c., it reads so: Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect-
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A.B. Magistrate”.
Therefore it has been very well differentiated.
Rajendra K Goyal
(Expert) 06 March 2014
Agree with the expert T. Kalaiselvan, Advocate.
Shumaila Altaf
(Querist) 18 April 2014
exactly Section 164 uses "shall". so, if the memorandum is not made, what affect will it have on the confession? section 29 clearly says that if no such memorandum/warning is made/given, admission is not made irrelevant.
