Bhaskar Raj Pradhan, J.

1. A Division Bench of this Court vide order dated 03.07.2017 had referred three questions for consideration before the Full Bench. The said three questions were :

“(i). Whether the confessional statement recorded under the provisions of Section 164 Cr.P.C on oath, is fatal or could it be still protected by the provisions of Section 463 Cr.P.C and if so protected, then whether the judgment of the Division Bench of this Court reported in re: Arjun Rai v State of Sikkim, 2004 SCC OnLine Sikk 24 is good law?

(ii). Whether the mere administering of oath to an accused while recording his confessional statement keeping in mind sub section 5 of section 164 Cr.P.C, without anything more, lead to an inference that the confessional statement is not voluntary and thus in violation to the fundamental requirement of Section 164 Cr.P.C and thus fatal ?

(iii). Whether administering oath to an accused while recording the confessional statement of an accused under Section 164 Cr.P.C violates Article 20 (3) of the Constitution of India?’’

Rival Contentions:

2. Mr. B