. Principle: Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation or at any time afterwards before the commencement of the inquiry or trial.
Facts: NayTaw is picked up by the CBI on suspicion of falsifying records of Buck Exports, her multi-billion dollar ‘holistic beverage’ company. This not only has a negative effect on the entire stock market in the country, but all beverage manufacturers are facing the heat. On questioning, she confesses to the crime before the police. However, in court she maintains that she did not commit any of the crimes she has been accused of. The judge allows the confession to be recorded as evidence against her because he and the CBI Inspector who witnessed the confession are old beverage buddies.
(a) The confession cannot be admitted in evidence since it was not made in court.
(b) The confession can be admitted in evidence since it was made before a CBI official.
(c) The confession is good since it was not under any inducement or force from the police officers, and was completely voluntary.
(d) The confession is not good since no confession made before a police officer can be proved against the accused in a court of law.