(3) No person giving evidence in an investigation under section 112 shall be required to take an oath or sign his evidence if it be reduced to writing, nor shall such writing be used as evidence, unless expressly permitted under this Code. Note : See sections 151 and 156 of the Penal Code. 118. No Inducement To Be Offered. (1) No policeman or person in authority shall make use of any threat or of any promise of an advantage towards any person in investigation under section 112 in order to influence the evidence he may give. (2) But no policeman or other person shall prevent any person by any caution or otherwise from making, in the course of the investigation any statement which of his own free will he may be induced to make. (3) Any statement given by a witness as a result of his being under influence shall not be accepted as evidence, and shall be without any other legal effect. Note : For the powers to secure evidence from one of several accused by the tender of a pardon in a Magisterial Inquiry or at the trial, see sections 232 and 233 : and see also section 285. 119. Judicial Confession. (1) If any person in the course of an investigation under section 112 or at any time after the close of the investigation but before the commencement of any inquiry or trial confesses to the commission of an offence in connection with the subject matter of the investigation he may and when the confession is in respect of a serious offence or one which is triable only by a High Court shall be taken before a Magistrate when available for his statement to be recorded by such Magistrate in the Case Diary. (2) When a Magistrate records such confession in a Case Diary he shall do so in detail in his own handwriting in the presence of the person making the same and after reading over to him such record the Magistrate shall sign the same. (3) No Magistrate shall record any such confession unless after questioning the person making it and he is satisfied that it is made voluntarily; (4) No oath shall be administered to any person making judicial confession. (5) The record of such confession in the Case Diary if made by Magistrate in manner aforesaid shall be admissible as evidence against the person who made the same and if so admitted shall be read out in Court by the Magistrate conducting the inquiry or trial and it shall not be necessary to call as a witness the Magistrate who recorded the same provided that the Magistrate holding the inquiry or the Court trying the case may if he or the Court thinks fit either on the application of the accused or of its own motion call the Magistrate who recorded the confession as witness to the contents and to prove the circumstances in which it was recorded. 39

اختر الفقرة المستهدفة3