Evidentiary Value of Confessions
Evidentiary Value of Confessions under Indian Evidence Act, 1872
What is a Confession?
A confession is an admission made by a person accused of a crime, stating or implying his guilt. It is usually a statement where the accused admits to committing the offense.
Relevant Provisions
Section 24 to Section 30 of the Indian Evidence Act deal with the confession and its evidentiary value.
Section 17 defines "Admissions" and "Confessions."
Section 25 to Section 30 specifically address the circumstances under which confessions are admissible or inadmissible.
Types of Confessions
Confession to a Magistrate (Section 164, CrPC):
Usually recorded during an investigation by a magistrate, such confessions are admissible if made voluntarily.
Confession to Police Officers:
Confessions made to police officers are generally inadmissible in evidence (Section 25).
Confession to Third Parties:
Can be used as evidence if not obtained under coercion.
Conditions for Admissibility
For a confession to be admissible:
It must be voluntary and not caused by threat, coercion, or inducement (Section 24).
It must be made before a magistrate or the court or to a third party under free will.
It should not be obtained by torture, violence, or unfair means.
Evidentiary Value
Confession is a relevant fact (Section 17).
It is prima facie evidence of the guilt of the accused.
However, a confession alone cannot be the sole basis for conviction unless corroborated by other evidence.
Courts have held that corroboration is necessary because confessions can be false or made under pressure.
Sections Restricting Admissibility
| Section | Description |
|---|---|
| 24 | Confession caused by threat, inducement, or promise is irrelevant. |
| 25 | Confession to police officer not admissible. |
| 26 | Confession made while in police custody is inadmissible unless before magistrate. |
| 27 | Statements made by accused explaining circumstances discovered after confession are admissible. |
| 28 | Confession by co-accused is not admissible against another accused. |
| 29 | Confession by accused used against co-accused if made in the same transaction. |
| 30 | Confession by accused is relevant against himself. |
Important Case Law
Nathulal v. King Emperor (AIR 1936 PC 140):
Confession must be voluntary and free from coercion.
State of U.P. v. Rajesh Gautam (2003):
Confession alone is not sufficient; corroboration is necessary for conviction.
R. v. Beckett (1914):
Confession to police is inadmissible.
Summary Table
| Aspect | Explanation |
|---|---|
| Definition | Admission of guilt by accused |
| Admissible Confession | Voluntary, made before magistrate or third party |
| Inadmissible Confession | Made to police officer, under coercion/threat |
| Evidentiary Weight | Prima facie evidence but not conclusive alone |
| Corroboration Required | Yes, for conviction |
In short:
Confession is a powerful piece of evidence but must be voluntary.
Courts examine the circumstances under which confession is made.
Confession without corroboration rarely leads to conviction.
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