Mahabir Singh v. State of Haryana (2001) 7 SCC 148

This case explains when a Magistrate may record a confession. A person cannot force a Magistrate to write his statement just by walking in and asking. The Magistrate must follow Section 164 CrPC safeguards and should know that an investigation under Chapter XII is on. If someone barges in, the Magistrate should inform the police, not record the confession casually.

• Accused cannot demand recording as a matter of right.
• Section 164 safeguards are mandatory before recording confession.
• SC: Conviction of Ranbir Singh sustained; others’ convictions set aside.

1. Can an accused demand that his statement be recorded by a Magistrate?
2. Is a confession valid if the Magistrate records it without proper knowledge of an ongoing investigation and without the Section 164 safeguards?

Rule: If the Magistrate does not know he is concerned in a case for which investigation under Chapter XII has begun, he cannot record the confession. If someone simply walks in claiming a cognizable offence and asks to confess, the Magistrate should inform the police and follow the proper route.

• Confession under Section 164 CrPC demands strict compliance and voluntariness.
• Magistrate must be satisfied the safeguards are met before recording.
• No casual, on-demand recording by the Magistrate.

Held: The Supreme Court confirmed Ranbir Singh’s conviction but set aside the convictions of the other three appellants. On the central principle, the Court clarified that a Magistrate cannot record a confession merely because an accused demands it. Proper knowledge of the case and strict Section 164 CrPC safeguards are essential. If a person barges in, the Magistrate should alert the police and proceed lawfully.

Confessions are exceptional and procedure-bound. A Magistrate’s power to record is not at the disposal of the accused. Without case linkage and Section 164 compliance, recording is improper.

• Protects against coerced or impulsive confessions.
• Preserves integrity of Section 164 CrPC safeguards.
• Guides Magistrates on what to do when someone walks in to confess.

1. No right to demand recording; Magistrate must follow the statute.
2. Section 164 = voluntariness + caution + proper awareness of the case.
3. Inform police if someone barges in seeking to confess.
4. Conviction can stand on strong evidence; co-accused need clear linkage.

Mnemonic — “C-A-P” (Case-linked • All safeguards • Police informed)

1. Case-linked: Magistrate must know the case context.
2. All safeguards: Section 164 steps, voluntariness, caution.
3. Police informed: If walk-in, notify police first.

Section 164 CrPC

Provision that allows a Magistrate to record confessions/statements with strict safeguards.

Voluntariness

Free and informed choice to confess, without pressure or promise.

Chapter XII CrPC

Chapter dealing with police investigation. Magistrate should know the case is under this chapter before recording.