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Confirmation Case No. 14 of 1951, Criminal (jail) Appeal No. 132 of 1951, decided on 14th May 1951.

, S. 24‑Recording of confessions ‑Procedure to be followed by Magistrate.

Zaidi for Appellant.

Raymond for the Crown.

‑--- .The first point is that the accused had injuries on his person (which were rightly noted by the Magistrate on examination of his body), but the explanation of these injuries appears only at the end of the confession. The magistrate should record the accused's account of his injuries, before recording the confession, and should remember that the record should contain a full account of the steps taken to ensure that the confession is voluntary, and that the purpose behind the preliminaries to recording a confession is not merely to satisfy the Magistrate, but also the Courts who will hear the case.

The second point is that the Magistrate should explain to the accused that he is not bound to make confession, and that if he does so, it will be taken down and may thereafter be used as evidence against him. The record should contain express questions and the answers thereto on this as well as the other necessary points in full.

Lastly, as so often happens, the body of the confession is given in the form of narrative without questions and answers. Every question and answer should be recorded in full.

K. B. A. Order accordingly.

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