Lawgist463Non-compliance with provisions of section 164 or section 281
(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference and revision.
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- 460 Irregularities which do not vitiate proceedings
- 461 Irregularities which vitiate proceedings
- 462 Proceedings in wrong place
- 463 Non-compliance with provisions of section 164 or section 281
- 464 Effect of omission to frame, or absence of, or error in, charge
- 465 Finding or sentence when reversible by reason of error, omission or irregularity
- 466 Defect or error not to make attachment unlawful
