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The Accused has Right to Record Non-Confessional Statements u/s 164 Cr.P.C --- Lahore High Court

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The Accused has Right to Record Non-Confessional Statements u/s 164 Cr.P.C --- Lahore High Court

Islamabad 29-06-2024: In a significant ruling, the Lahore High Court, Multan Bench, set aside a Magistrate’s order and affirmed the right of an accused to have non-confessional statements recorded under section 164 of the Code of Criminal Procedure, 1898 in the case [Writ Petition No. 3962 of 2023].

The petitioner, was accused in FIR No. 1193/2022 for allegedly transporting a large quantity of narcotics along with a co-accused. The petitioner claimed the case was fabricated and the narcotics were planted by the police. He sought to have his version recorded by a Magistrate, which was denied on the grounds that section 164 Cr.P.C. only permits recording of confessions.

Mr. Justice Tariq Saleem Sheikh, delivering the judgment, clarified that section 164 Cr.P.C. does not exclude the recording of non-confessional statements by the accused. The Court reviewed the historical and contemporary interpretations of the provision in both Pakistan and India and emphasized the consistent stance of Pakistani Courts supporting the accused's right to have such statements recorded.

The Court criticized the Magistrate Section-30, Sahiwal, for misinterpreting the law and refusing to record the petitioner’s statement. The judgment highlighted that section 164 Cr.P.C. is designed to protect individuals from extortion and oppression, and to ensure fair investigation processes.

The Lahore High Court annulled the Magistrate’s order dated 28.11.2022 and directed the Magistrate to reconsider the petitioner’s request and proceed according to the law. This ruling underscores the judiciary’s commitment to upholding procedural rights and ensuring justice in criminal investigations.

This landmark judgment reinforces the procedural rights of accused individuals, allowing them to present their versions of events formally during the investigation stage.