Section 123: Judgment to be made immediately if the accused pleads guilty of offence

1) If any accused, pleading guilty of the offence which he or she is charged with, makes a statement of confession before the court, the court may, also having regard to the truth and reliability of such statement, make judgment immediately.

Provided that:

(a) In spite of such statement of confession by the accused, if the court, in view of the evidence contained in the case-file, circumstances under which the offence was committed or any other matter, has any reason to believe that his or her confession is not true, the court shall not make judgment in the case pursuant to this Section but shall order the examination of further evidence in the case, by executing a memorandum of order, accompanied by the reasons therefor,

(b) If the accused who has confessed the offence which he or she is charged with makes a plea for a reduction in the sentence, the court shall, stating all matters pertaining thereto, take his or her deposition and examine evidence thereon.

2) If, in deposing before the court, any accused makes a plea that is different from the plea he or she has made before the investigating authority and the plaintiff makes submission for permission to re-conduct investigation into the evidence or plea produced or made by him or her and submit further proof or evidence to the court, the court may give permission to produce such additional proof or evidence.

3) If an order is made pursuant to sub-section (2), the court shall not adjudge the case until such additional proof or evidence is produced.

Provided that such additional proof or evidence shall be produced prior to the order for taking and trying of evidence.

4) If any accused does not confess fully the offence which he or she is charged with but confesses it partially, the court shall order the examination of further evidence to the extent only of the matter which he or she has not confessed.