Under what condition can a confession before a magistrate be used?

• A. When the confession is made voluntarily and properly recorded in the presence of the magistrate
• B. When the confession is scribbled on a napkin
• C. When the accused repeats it under oath later
• D. When the police approve it

Answer: (A)

A confession to a magistrate is admissible only when it is given freely and is properly recorded in the magistrate’s presence. The magistrate’s supervision helps ensure there was no coercion or improper conduct, and the official recording creates a reliable, verifiable record that can be admitted as evidence. If the confession is just scribbled on a napkin, or if it’s taken after an oath but not in the magistrate’s presence, or if it’s merely “approved” by police, those safeguards aren’t met, so the confession should not be used. The essential requirements are voluntariness and proper recording in the magistrate’s presence.