(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.
Code of Criminal Procedure (CrPC)
461 CrPC Irregularities which vitiate proceedings
462 CrPC Proceedings in wrong place
463 CrPC Non-compliance with provisions of section 164 or section 281
464 CrPC Effect of omission to frame, or absence of, or error in, charge
465 CrPC Finding or sentence when reversible by reason of error, omission or irregularity
466 CrPC Defect or error not to make attachment unlawful
468 CrPC Bar to taking cognizance after lapse of the period of limitation