Difference between revisions of "India Criminal Defense Manual - Rights of the Accused and Exceptional Circumstances"

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No confession made to a police officer is valid as evidence.  All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confession must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receiving the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated, in any way, to incriminate himself.<ref>Section 164 of the Criminal Procedure Code</ref>
 
No confession made to a police officer is valid as evidence.  All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confession must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receiving the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated, in any way, to incriminate himself.<ref>Section 164 of the Criminal Procedure Code</ref>
 
   
 
   
== Right to Councel ==
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== Right to Counsel ==
 
   
 
   
  

Revision as of 12:41, 16 June 2010