Firstly, please note that in so far as a signed statement of accused recorded by police is concerned, it is not admissible in evidence (except in so far as it is covered under Section 27 of the Evidence Act leading to discovery of a material fact). So, such statements cannot be produced before court, due to which you need not worry in respect of such statements.
As far as a confession statement recorded under Section 164 Cr.P.C. is concerned, though there is no specific format or procedure to retract such confession statement, the accused can immediately write to the competent court (or the higher court) mentioning that such confession was recorded under the threats given by the police and that it was not a voluntary statement and also that it is untrue. Secondly, at the time of the trial, the accused may disown such confession statement and state as mentioned above. In the face of such denial by the accused, it would ultimately be up to the trial court to believe or disbelieve such confession under Section 164 Cr.P.C. in the totality of the circumstances of the case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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