Certain confessions made to police officer to be taken into consideration

(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not below the rank of the Superintendent of Police, or for the areas where the Commissioner of Police is appointed by the State Government, before a police officer not below the rank of the Commissioner of Police, as the case may be, and recorded by such police officer, either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from which sounds or images can be reproduced, shall be admissible in the trial of such accused, co-accused, abettor or conspirator for an offence under the provisions of this Act: Provided that the co-accused, abettor or conspirator is charge-sheeted and tried in the same case together with the accused. (2) The confession made under sub-section (1) shall be recorded in an atmosphere free from threat and inducement and shall be in the same language in which the person makes it. (3) The Police officer shall, before recording any confession by the person under sub-section (1), explain to such person that he is not bound to make a confession and that, if he does so, it may be used as evidence against him: Provided that such police officer shall not record any such confession unless, upon questioning the person making it, he is satisfied that the confession is being made voluntarily. (4) The concerned police officer shall, after recording such voluntary confession, certify in writing below the confession about his personal satisfaction of the voluntary character of such confession, putting his signature, date and time of the same. (5) Every confession recorded under sub-section (1) shall be sent in original forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such confession has been so received to the Special Court which may take cognizance of the offence. (6) The person from whom a confession has been recorded under sub-section (1) shall be produced, within forty-eight hours, before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom the confession is required to be sent under sub-section (5), alongwith the statement of confession, written or recorded on mechanical or electronic device, which shall ensure that the same is not tampered with in anyway. (7) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall, record the statement, if any, made by the accused so produced and get his signature or thumb impression and if there is any complaint of torture, the accused shall be directed to be produced for medical examination before Civil Surgeon.