S. 164(1) 5. Ensure that the Magistrate shall, before recording the confession, (1) explain to the person making it that he/she is not bound to make a confession, and (2) that, if he/she does so, it can be used as evidence against him/her. 6. Ensure that the Magistrate warns the accused and follows the above stated procedure, before the recording on the adjourned day. 7. Ensure that the warning was given to the accused and that fact is recorded in the memorandum of the confession. 8. Ensure that no confession is recorded unless after questioning the accused the Magistrate has reason to believe that the confession is being made voluntarily. 9. Ensure that the accused is given time to reflect upon the statement/ confession to be made and shall ensure that enquiry must be made whether the accused is receiving dignified treatment devoid of threats or torture before the confession is recorded. 10. Ensure that the accused person is not remanded to police custody if the accused refuses or states that he/she is not willing to make the confession. Such person may be remanded to judicial custody. 11