If a confession or other statement of an accused person, recorded or purported to be recorded under section 164 or section 281, is tendered or has been received in evidence before any Court, and the Court finds that the provisions of either of these sections were not complied with by the Magistrate recording the statement, the Court may, notwithstanding anything in section 91 of the Indian Evidence Act, 1872 (1 of 1872), receive evidence regarding such non-compliance. If the Court is satisfied that such non-compliance has not prejudiced the accused in his defence and that the statement was duly made, it may admit the statement into evidence.
The provisions of this section apply to Courts of appeal, reference, and revision.
