Dhanajaya Reddy V. State of KarnataKa 2001 (4) SCC 9

Omission to comply with the mandatory provisions, one of such being as incorporated in subsection (4) of Section 164 is likely to render the confessional statement inadmissible. The words "shall be signed by the person making the confession” are mandatory in nature and the Magistrate recording the confession has no option.