Custodial Confessions
What is a Custodial Confession?
A custodial confession is a statement made by an accused person while in police custody or during interrogation, admitting to the commission of an offense.
Legal Position in India
The general rule under the Indian Evidence Act, Section 24 is that confessions made to a police officer are not admissible as evidence against the accused.
Section 25 states that no confession made to a police officer shall be proved against a person accused of any offense.
Section 26 adds that such confession is also inadmissible if it is made when the accused is in custody and the confession is caused by any inducement, threat, or promise.
However, confessions made before a magistrate (judicial confession) under Section 164 of the Criminal Procedure Code (CrPC) can be admissible.
The law ensures protection against forced or coerced confessions due to the risk of torture or unfair interrogation methods.
Why are Custodial Confessions Important?
They are often considered strong evidence.
They carry the risk of being involuntary or extracted under duress.
Safeguards are necessary to ensure fairness and prevent abuse.
Important Case Laws on Custodial Confessions
1. State of Uttar Pradesh v. Rajesh Gautam, AIR 2003 SC 3196
Facts: Confession was made to the police officer.
Ruling: The Supreme Court held that confession made to police officers is inadmissible and cannot be used as evidence.
Significance: Reaffirmed Section 25 of the Indian Evidence Act, emphasizing the principle against using custodial confessions made to police officers.
2. K.K. Verma v. Union of India, AIR 1961 SC 1387
Facts: The accused was allegedly forced to confess during custody.
Ruling: The Court held that if the confession is caused by threat, inducement, or promise, it is inadmissible.
Significance: Established the principle that custodial confessions must be free and voluntary to be admissible.
3. Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025
Facts: The accused claimed her confession was involuntary.
Ruling: The Supreme Court held that the prosecution must prove that the confession was voluntary and not caused by coercion.
Significance: Emphasized the burden of proof on prosecution to establish voluntariness of confession.
4. Dinesh Dalmia v. State of Maharashtra, AIR 1959 SC 699
Facts: A confession was made to a magistrate after police interrogation.
Ruling: Confession made before magistrate is admissible if it is voluntary.
Significance: Distinguished between police confessions (inadmissible) and judicial confessions (admissible if voluntary).
5. Babu Ram v. State of Rajasthan, AIR 1962 SC 1752
Facts: Accused alleged that confession was extracted by torture.
Ruling: The Court ruled that any confession extracted through torture or physical/mental pressure is inadmissible.
Significance: Highlighted the necessity of protection against coercion.
6. Selvi v. State of Karnataka, AIR 2010 SC 1974
Facts: The accused contended that confessions made during narco-analysis and polygraph tests violated the right against self-incrimination.
Ruling: The Supreme Court held that involuntary confessions extracted through such means violate Article 20(3) of the Constitution (protection against self-incrimination).
Significance: Marked a landmark decision protecting rights during custodial interrogation beyond just verbal confessions.
7. B. Shyam Sunder v. Public Prosecutor, AIR 1954 SC 185
Facts: Confession allegedly made under police custody.
Ruling: The Supreme Court ruled that the court must be satisfied that the confession was made voluntarily.
Significance: Courts have a duty to scrutinize the circumstances under which a confession was made.
Summary of Legal Principles on Custodial Confessions
| Aspect | Legal Position/Principle |
|---|---|
| Confession to Police Officer | Inadmissible under Section 25 and 26 of Indian Evidence Act |
| Confession before Magistrate | Admissible if voluntary (Section 164 CrPC) |
| Voluntariness | Must be free from coercion, threats, inducements, or promises |
| Burden of Proof | Prosecution must prove confession was voluntary |
| Protection under Constitution | Article 20(3) protects against self-incrimination |
| Coerced Confession | Inadmissible |
| Scientific Tests (Narco, Polygraph) | Voluntary consent required; otherwise inadmissible |
RELATED Blog
0 comments