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FORM OF PROCEEDINGS AND RECORDING CONFESSION OF
ACCUSED PERSONS UNDER SECTION 164 OF THE CODE OF
CRIMINAL PROCEDURE IN THE COURT OF JUDICIAL MAGISTRATE
The accused Rehmat Badshah son of Khan Baahadur, resident of H.No.L-1380,
Sector 4-B, Surjani Town, Karachi, having identification mark i.e. healed injury mark on
forehead, is brought before me in my court on 28.11.2015 at 11:00 a.m. The offence is
alleged to have been committed on 21-11-2015 at 1400 hours and the accused is said to
have been arrested Inside the street, Sector 7/B, Surjani Town on 22/11/2015 by ASI
Attaullah.
After removing the handcuffs of the accused he is placed in custody of court staff
and the police is directed to leave the premises.
The accused is informed that he is before Judicial Magistrate and warned that he is
not bound to make a confession and that any statement he makes will be taken down in
writing and may thereafter be used against him as evidence. He is also informed that in
case he makes the confession or otherwise his custody will not be handed over to the
police but will be remanded to judicial custody. He is then allowed time for reflection
from 11:00 to 12:15 am and during this period the investigating police have had no
access to him.
The accused is again brought before me in my chamber in the custody of court
staff because it is more appropriate. I have satisfied myself that there is no policeman in
the chamber or in any place where the proceedings could be seen or heard. The accused
is asked if he is disposed to make a confession of his own free will, he replies as follows:-
Yes Sir.
The accused is examined as follows, in order to ascertain whether he is disposed to
make a confession of his own free will or under any inducement, threat or promise.
Note: The following and such other questions, as may appear necessary, to be asked
(every question and every answer to be recorded in full):
Q. Have you been given any inducement, threat or promise by the police or anyone else,
which induces you to make this confession?
Answer. No sir.
Q. Have you been beaten, tortured or maltreated by the police?
Answer. No sir.
Q. Had any family member appears, male or female, been sent for by the police in order
to pressurize you to make confession?
Answer. No sir.
Q. Why and what are the circumstances which are inducing you to confess?
Answer. I have committed the offence and I am liable for conviction.
Q. Are you aware that before whom you have appeared to make confession?
Answer. Judge.
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Q. Are you aware that if you make confession, it will be used against you as evidence and
can be convicted on such confession?
Answer. I am aware.
Q. Are you aware that in case you make confession or otherwise you will be sent to
judicial custody and shall not be handed over to police custody?
Answer. I am aware.
What have you to say?
Answer.
(Naleymitho @ Muhammad Ishaq)
IXth Judicial Magistrate
Karachi-West
CERTIFICATE
I have explained to Amir Akhtar Ali alias Amir Boota alias Amir Pachpan son of
Akhtar Ali, that he is not bound to make a confession and that, if he does so, any
confession which he may make may be used as evidence against him and I believe
that his confession was voluntarily made. It was taken in my presence and hearing,
and was read over to the accused and admitted by him to be correct and it contains
full and true account of the statement made by him.
(Naleymitho @ Muhammad Ishaq)
IXth Judicial Magistrate
Karachi-West
