https://www.taxtmi.com/caselaws?id=311934 A confession recorded under Section 164 Cr.P.C. must comply strictly with the prescribed procedure, including the manner of examination under Section 281 Cr.P.C., and oath cannot be administered to an accused. The court held that administering oath is a substantive illegality that undermines voluntariness, creates unlawful pressure, and renders the confession illegal and inadmissible. Section 463 Cr.P.C. cannot cure this defect because it applies only to irregularities in recording or proof, not to a violation going to the legality of the confession itself. The court also held that oath-taking in this setting amounts to testimonial compulsion and violates Article 20(3). en-us Sat, 10 Mar 2018 00:00:00 +0530 Tue, 23 Jan 2024 20:11:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311934 A confession recorded under Section 164 Cr.P.C. must comply strictly with the prescribed procedure, including the manner of examination under Section 281 Cr.P.C., and oath cannot be administered to an accused. The court held that administering oath is a substantive illegality that undermines voluntariness, creates unlawful pressure, and renders the confession illegal and inadmissible. Section 463 Cr.P.C. cannot cure this defect because it applies only to irregularities in recording or proof, not to a violation going to the legality of the confession itself. The court also held that oath-taking in this setting amounts to testimonial compulsion and violates Article 20(3). Case-Laws Indian Laws Sat, 10 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311934