CrPC Section 463

06 Jun 2025 --
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📜 Section 463 CrPC – Non-compliance with provisions of Section 164 or 281

Bare Act Text of Section 463 CrPC:

"If any Court before which a confession or other statement of an accused person recorded or purporting to be recorded under Section 164 or Section 281 is tendered or has been received in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in the Evidence Act, 1872, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that the statement was duly recorded and that it was free and voluntary, admit such statement."

🔍 Explanation of Section 463 CrPC

✅ 1. Purpose of the Section

Section 463 deals with procedural irregularities in the recording of a confession or statement by a Magistrate under:

Section 164 (Recording of confessions/statements by Magistrate), or

Section 281 (Recording of examination of accused in warrant cases).

Sometimes, due to oversight or technical errors, mandatory procedures (like warnings, certifications, etc.) may not be followed properly. Section 463 provides a remedial mechanism for such situations.

✅ 2. What It Allows the Court to Do

If a statement recorded under Section 164 or 281 is challenged on the ground of procedural defect, the trial court can:

Conduct an inquiry into the alleged non-compliance.

Take evidence to determine:

Whether the procedural lapse occurred.

Whether it prejudiced the accused in any way.

Whether the statement/confession was still voluntary and genuine.

If the court is satisfied that:

The accused was not prejudiced, and

The statement was voluntarily and properly recorded,

Then the court may admit the statement into evidence, despite the procedural irregularity.

✅ 3. Key Conditions for Admissibility

Condition	Explanation
Non-compliance exists	There is a deviation from procedures in Section 164 or 281.
Court conducts inquiry	The trial court investigates the irregularity.
No prejudice to accused	The error must not have harmed the accused’s defense.
Statement is voluntary	The confession/statement must be made freely, without coercion.

✅ 4. Legal Safeguard for the Accused

This section ensures that minor procedural errors do not render a voluntary and truthful confession inadmissible, unless the accused is prejudiced. It balances the rights of the accused with the interests of justice.

✅ 5. Illustration / Example

Suppose an accused gives a confession under Section 164. However, the Magistrate forgets to record a formal certification that the confession was made voluntarily.

The defense objects to the confession being used.

Under Section 463, the trial court can:

Hear evidence about how the confession was recorded.

Determine if the accused knew his rights and was not coerced.

If satisfied that the omission did not harm the accused, and the confession is genuine, the court may admit it into evidence.

✅ 6. Relationship with Indian Evidence Act

Ordinarily, under the Evidence Act, confessions must comply strictly with legal requirements to be admissible. However, Section 463 CrPC overrides the Evidence Act in such situations, allowing the court discretion to admit a technically flawed but substantively fair confession.

🧠 Key Takeaways

Point	Explanation
Applies to	Statements under Section 164 or 281 CrPC
Protects against	Technical disqualification of genuine confessions
Court’s power	Can inquire into irregularity and decide on admissibility
Focus	Ensuring the accused’s rights are protected and no miscarriage of justice happens