(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.
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