CONFESSION UNDER INDIAN EVIDENCE ACT
Confession under the Indian Evidence Act, 1872
🔹 What is a Confession?
A Confession is a statement wholly or partly adverse to the person who makes it, made voluntarily, suggesting or implying guilt of a crime.
It is a special kind of admission specifically relating to guilt in a criminal case.
🔹 Legal Definition (Section 24)
The Act does not give a precise definition of confession but treats it as a statement made by accused implicating himself in the commission of the crime.
Unlike admission (which can be made by any party), a confession is always made by the accused person.
🔹 Important Sections Related to Confession
| Section | Topic | Explanation |
|---|---|---|
| 24 | Confession caused by inducement, threat, or promise | Such confessions are involuntary and inadmissible in evidence. |
| 25 | Confession to police officer | Confessions made to police officers are generally inadmissible except in special cases. |
| 26 | Confession made after arrest | Confession made after arrest must be voluntary and made in the presence of a magistrate to be admissible. |
| 27 | Confession leading to discovery | Statements leading to discovery of facts or objects are admissible, even if not full confessions. |
| 30 | Confession by co-accused | Confessions made by one accused are not generally admissible against co-accused, except in joint trial cases under specific conditions. |
🔹 Essentials of a Valid Confession
Voluntary: It must be made without any threat, coercion, or promise.
Made by the accused: Only the person accused of the crime can make a confession.
Suggests guilt: The statement should imply guilt.
Free will: No inducement or torture used.
Made before a competent authority (especially for post-arrest confessions).
🔹 Confession vs Admission
| Aspect | Confession | Admission |
|---|---|---|
| Made by | Accused only | Any party in a civil or criminal case |
| Nature | Relates to guilt in crime | Suggests fact relevant to the case |
| Voluntariness | Must be voluntary to be admissible | Admissions can be voluntary or involuntary |
| Evidence Value | Strong evidence of guilt | Relevant but not conclusive evidence |
🔹 Case Law Highlights
State of Maharashtra v. Kanhaiyalal (1969) — Confession must be voluntary; inducement renders it inadmissible.
R. v. Nedrick (1986) (English case but often cited) — Focus on the voluntariness of the confession.
Summary:
| Point | Explanation |
|---|---|
| Confession | Statement by accused implying guilt |
| Voluntariness | Must be free from threat, inducement |
| Admissibility | Confession to police officer inadmissible (except discovery statements) |
| Confession after arrest | Should be made before magistrate |
| Leading to discovery | Statements leading to discovery are admissible |
Do write to us if you need any further assistance.
RELATED Blog
0 comments