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According to Mahabir Singh v. State of Haryana (26 July 2001), may a Magistrate record an accused…

Mahabir Singh held that production by the police is not essential under CrPC s.164 (now section 183 BNSS): a Magistrate may record the confession of a person who appears…

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According to Mahabir Singh v. State of Haryana (26 July 2001), may a Magistrate record an accused person’s confession under section 164 CrPC when that person appears without police production?

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Correct answer C

Mahabir Singh held that production by the police is not essential under CrPC s.164 (now section 183 BNSS): a Magistrate may record the confession of a person who appears before him if he knows that the person is concerned in an investigation already begun, and he observes the mandatory safeguards on voluntariness. On the facts the confession was rejected because those requirements were not met.

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