When any part of such statement is so used, any part thereof may also be used in the reexamination of
such witness, but for the purpose only of explaining any matter referred to in his crossexamination :
Provided, further that, if the Court is of opinion that any part of any such statement is not relevant to the
subjectmatter of the inquiry or trial or that its disclosure to the accused is not essential in the interests of
justice and is inexpedient in the public interests, it shall record such opinion (but not the reasons therefor)
and shall exclude such part from the copy of the statement furnished to the accused.]
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of
section 32, clause (1), of the Evidence Act, 1872 1[or to affect the provisions of Section 27 of that Act].
163. No inducement to be offered.__ (1) No policeofficer or other person in authority shall offer or
make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the
Evidence Act, 1872 (I of 1872), section 24.
(2) But no policeofficer or other person shall prevent, by any caution or otherwise, any person from
making in the course of any investigation under this Chapter any statement which he may be disposed to
make of his own free will.
164. Power to record statements and confessions.__ (1) 2[3* * *,Any Magistrate of the first class and
any Magistrate of the second class specially empowered in this behalf by the 4[Provincial Government] may,
if he is not a policeofficer] record any statement or confession made to him in the course of an investigation
under this Chapter or at any time afterwards before the commencement of the inquiry or trial.
5[(1A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the
accused given an opportunity of crossexamining the witness making the statement.]
(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording
evidence as is, in his opinion best fitted for the circumstances of the case. Such confessions shall be
recorded and signed in the manner provided in section 364, and such statements or confessions shall then be
forwarded to the Magistrate by whom the case is to be inquired into or tried.
(3) 6[A Magistrate shall, before recording any such confession, explain to the person making it that he is
not bound to make a confession and that if he does so it may be used as evidence against him and no
Magistrate] shall record any such confession unless, upon questioning the person making it, he has reason to
believe that it was made voluntarily; and, when he records any confession, he shall make a memorandum at
the foot of such record to the following effect :__
1 Added by the Code of Criminal Procedure (Second Amdt.) Act, 1941 (15 of 1941), s. 2.
2 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 35, for Every Magistrate not being a policeofficer may”.
3 The words “Any Presidency Magistrate”, omitted by A. O. 1949, Sch.
4 Subs. by A.O., 1937, for “L.G.”.
5 Subsection (1A) added by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch.
6 Subs. by Act 18 of 1923, s. 35, for “No Magistrate”.
Page 81 of 319