Confession under indian evidence act. “Confessions” under the Indian Evidence Act: An Analysis of the Precedent 2022-11-01
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A confession is a statement made by an accused person acknowledging their guilt in a crime. In the Indian legal system, the admissibility of confessions is governed by the Indian Evidence Act, 1872.
Under the Indian Evidence Act, a confession made to a police officer is generally not admissible as evidence in a criminal trial. This is because the police have a certain amount of power and authority, and there is a possibility that the accused may have made the confession due to fear or coercion.
However, there are certain exceptions to this rule. A confession made to a police officer may be admissible if it was made in the presence of a Magistrate, or if it was made in writing and signed by the accused. In these cases, it is assumed that the accused made the confession willingly and without any undue influence.
A confession made to a private person, such as a friend or family member, is generally admissible as evidence. However, the reliability of such a confession may be questionable, as it is not made under the same level of scrutiny as a confession made to a Magistrate or in writing.
In addition to the admissibility of a confession, the Indian Evidence Act also lays out certain rules regarding the use of confessions as evidence. For example, if an accused person has made a confession and later retracts it, the confession may still be used as evidence, provided that it is corroborated by other evidence.
In conclusion, the admissibility and use of confessions as evidence in the Indian legal system is governed by the Indian Evidence Act. Confessions made to a police officer are generally not admissible, with certain exceptions, while confessions made to private individuals are generally admissible. The reliability of a confession may be called into question, and the use of a confession as evidence may be limited by other rules outlined in the Act.
Confession Under Indian Evidence Act, 1872
Police Custody The word custody is used here in wide sense. The Supreme Court stated in Balwinder Singh v. Difference between Confession and Admission CONFESSION ADMISSION Something made by the person who is charged with criminal offences and such statement may conjecture any reasoning or conclusion that he may have committed the crime. On Wednesday she was again arrested. Confession is the direct admission of matter or facts of the cases either in the form of a written or oral statement. Neha is a B.
Types of Confessions under the Indian Evidence Act
When the trial begins the accused on being asked as to whether he committed the crime he may say that he did not commit the crime. Relevancy Of Confession Section 24, Section 25, and Section 26 of the Indian Evidence Act of 1872 deal with the situation of when confession can be irrelevant. This section is an exception to the principle that confession of one person is admissible against him as a whole. For example- A murdered B and A confessed this statement before the Magistrate before the trial begins but when the Magistrate ask for confession during the trial A repudiate from his previous statement then the confession will be called as retracted confession. Section 24, 25, 26 are admissible parts of section 27 of the Indian Evidence Act which talks about the conditions where confession is irrelevant. Secondly, when the statement has different qualities and contains such a mixture of confessional statements which conclude to the acquittal of the person making the confession, then such statements cannot be considered as a confession.
This observation was made by the Supreme Court and therefore it cannot be said to be a good law in the case of judicial confession. The confession is something which is made by the person who is charged with any criminal offences and such statements may infer any reasoning for concluding or suggesting that he is guilty of a crime. A confession could take many forms viz. The confession made by A before C is extra-judicial confession which is made out of court proceedings and need corroborative evidence to support that confession. Section 25 expressly declares that such confessions shall not be proved. No confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against such person.
Confession to Police, Police Custody and effect of police presence The essence of commission can be found in different statutes but Section 24 to 30 of Evidence Act and section 162 to 164 of CrPC specifically deals with a confession. There must be two things in order to constitute custody. Sonia, AIR 2007 SC 1218 at p. It can be relied upon only when it is clear, consistent and convincing. Illustration- If three persons Aman, Vinod and Vijay are charged jointly for the same offence and they are prosecuted for the murder of Harsh. Voluntary actions are contingent on whether a threat, enticement, or promise was made. State, AIR 1954 Bom.
He is in custody of the police officer. If there is a reasonable doubt that threat or promise has been involved in the confession, then the burden of proof lies on the prosecution to prove that there was no such threat or promise. His movement is in the control of the police officer. A retraction confession is a type of confession in which the confessor makes a voluntary confession, which is afterward reversed or retracted by the same confessor. Shukla the Supreme Court has lifted the concept of admission and confession; and explained the difference that discretionary and undeviating cognizance of guilt is confession, and the confession made by the accused may be used as a piece of negative evidence against him. Section 24 of Indian Evidence Act - confession caused by inducement, threat or promise, when irrelevant in criminal proceeding- A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds, which would appear to him reasonable, for supporting that by making it he would gain any advantage or avoid any evil of temporal nature in reference to the proceeding against him.
An overview of Admission and Confession under Indian Evidence Act 1872
It does not mean that a policeman has to hand-cuff someone and take control of that person physically. The plaintiff is still in the possession of the land and then also the respondent tries to destroy the crops of the land of the petitioner. In Babubhai Udesigh Parmar v. Judicial Confession— Section 80 of the Indian Evidence Actmakes judicial confessions admissible, stating that if a confession is made in the presence of a magistrate or in a court and is registered by the magistrate as required by law, the confession is presumed to be valid and genuine, and the accused may be tried for the crime. So a person accused of any offence makes any statement against him which may prove his guilt, is called confession or confessional statement.
Where a woman, charged with the murder of her husband, was taken into the custody of the police, a friend of the woman also accompanied her. Under section 26, no confession made by an accused to any person while in custody of a police officer shall be proved against him. The Trial Court refused to accept the confession documents. It is really very strange for an accused to confess before the investigation authority that he has committed the murder. Its corroboration would be a matter of prudence and not of law. A house surgeon is a person in authority in relation to nurse of the same hospital. The fact that the confession was repudiated at a later stage — during Section 313 examination — confirms that it was made voluntarily.
The statement of the accused in FIR that he killed his wife giving her a fatal blow when some tangible proof of her indiscretion was available was not usable against him to establish his guilt. And in such a state if the accused confesses then such confession would be relevant. Inculpatory and Exculpatory statements. Section 26- Confession By Accused While In Custody Of Police Not To Be Proved Against Him. Admissibility Section 136 in The Indian Evidence Act, 1872 Admissibility is also the form of evidence which is accepted in a court of law. Admission as Title Admission does not imply that you will be given a title by passing from one person to another. The woman confessed her guilt to her friend while the policeman was away.