Section 164 Cr.P.C. deals with a situation regarding recording of confession statements by the Court.

Any Magistrate, be it Metropolitan or Judicial and have jurisdiction or not can record the statement confessed to him at any time during the course of investigation, but, before conducting an inquiry or trial by the Court.

[The portion of this provision inserted in the year 2009, wherein it allows the recording of confession statement by electronic mode in the presence of the Accused Advocate. Further the provision does not allow any Police Officer who has the powers of the Magistrate to record the confession statement.]

The Magistrate who is about to the record the confession statement must explain to the person that he was not bound to make statement and if do so the same might be used against him. The Magistrate also question the person whether he has come on his own terms [voluntarily] to give statement.

Further, if the person says [before being his statement recorded] that he was unwilling to give any statement then the Magistrate should not remand him to Police custody.

Provided the Magistrate convinced and record the confession statement of the Accused he shall do so in accordance with Section 281 of Cr.P.C. and after recording his statement a signature must be obtained from the Accused. Otherwise, the Magistrate also required to sign in the memorandum that contains substance as stated in the preceding paragraphs.

Whereas, if the Magistrate requires to record a statement [other than a confession] and he felt such statement could be used in evidence then he can put the person in Box and administer oath to him then record his statement.

Similarly the Court can record statement of a person against who has commissioned offences against a woman relate to sexual assault, rape or outraging her modesty.

Provided, if the person making the statement is temporarily or permanently physically or mentally disabled, the Magistrate take the help of an interpreter or special educator in recording the statement and also be videographed.

Further, if the person making the statement is temporarily or permanently physically or mentally disabled, the Magistrate take the help of an interpreter or special educator in recording the statement

The recorded statement of such physically and mentally disabled person shall be used directly as examination in Chief under Section 137 of the IE Act. A straight cross examination could be conducted.

If the confession statement was not recorded by the Jurisdiction Magistrate, then he needs to forward the statement to the concerned Magistrate who would conduct inquiry or trial.