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Police produced an accused from police custody to the Judicial Magistrate for getting his confession…

Sending the accused back to police custody was illegal under section 183(3). Once the accused states, before recording, that he is unwilling to confess, the Magistrate must…

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Police produced an accused from police custody to the Judicial Magistrate for getting his confession recorded under section 183, Bharatiya Nagarik Suraksha Sanhita, 2023 ; but before his confession could be recorded the accused stated that he was not willing to make any confession. Thereupon the judicial magistrate sent him back in police custody for two days. What is true in these circumstances?

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Correct answer A

Sending the accused back to police custody was illegal under section 183(3). Once the accused states, before recording, that he is unwilling to confess, the Magistrate must not authorise his detention in police custody. The safeguard is not merely a shorter time limit, and it does not itself require release on bail.

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