My bad it's section 164, not section 162, latter has no evidentiary value whatsoever. Ishaq Dar reordered his confessional statement u/s 164 of CrPC. He accepted the role of approver & after pardon he recorded his statement.
Sec 164 CrPC deals with recording of confessions and statements. Magistrate, whether or not he/she has jurisdiction in the case, can record any statement or confession made to him in the course of an investigation or at any time afterwards before the commencement of the inquiry or trial.
Law requires certain conditions to be fulfilled before any statement is recorded. Handcuff should be removed, police be sent out of court room, Magistrate then has to explain and ask few questions to the person making a statement or confession.
- You are not bound to make this confession or statement & if statement is recorded it will be used against you as an evidence.
- You are in a court of law & whether or not you record any statement you will not be handed back to police, rather will be in judicial custody.
- Why are you making this confession?
- Have you been told that you will be made an approver?
- Has any pressure been brought to bear upon you to make this confession?
- Have you been threatened ?
- Has any inducement been given to you?
- Etc.
After explanations and necessary questions if person is still willing to make a statement or confession the magistrate is still bound to give him/her ample time to rethink about it.
