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Evidentiary Value of Confession Before Police Evidentiary Value of Confession Before Police

Bronze medal Reporter Adv Rose Posted 9 Jan 2019 Post Comment Visitors: 275 Read More News and Blogs
Evidentiary Value of Confession Before Police

The word “confession” is defined as an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime. A confession will occur in a different form. When it is made to the court itself, it is known as judicial confession. When it is made by anybody outside the court, it is called an extra-judicial confession. It may even consist of conservation to oneself, which may be produced in evidence if overheard by another. The court must be satisfied that the confessions are freely and voluntarily made. If the confession is made by hope or reward or promise of advantage or by force or by violence or threatening, it cannot consider as evidence of a confession.

The Section 24 in The Indian Evidence Act, 1872 gives the legal definition of confession “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,1 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 supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.—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,2 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 supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him."



The Section 25 in The Indian Evidence Act explains that No confession made to a police officer1, shall be proved as against a person accused of any offence.—No confession made to a police officer1, shall be proved as against a person accused of any offence. Also, according to Section 26 in The Indian Evidence Act, No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate1, shall be proved as against such person.—No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate2, shall be proved as against such person." 2[Explanation.—In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 3[***] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882)4].

How much of information received from accused may be proved is mentioned in Section 27 of The Indian Evidence Act, 1872—Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

You can refer to lawyers in India for additional details.


Click on the image to read more about DIFFERENCE BETWEEN ADMISSION AND CONFESSION

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