Extra-Judicial Confessions
What is an Extra-Judicial Confession?
An extra-judicial confession is a statement made by an accused person outside of a court or judicial proceeding, admitting to the commission of a crime.
It is not recorded by a magistrate or a police officer under formal procedures.
Such confessions differ from judicial confessions, which are made before a magistrate during investigation or trial.
Extra-judicial confessions are generally considered important evidence, but their credibility and voluntariness are closely scrutinized by courts because they are prone to coercion, threats, or inducements.
Legal Position of Extra-Judicial Confessions
Section 24 of the Indian Evidence Act states that confessions caused by any inducement, threat or promise are irrelevant in a criminal trial.
Extra-judicial confessions are admissible in evidence but do not have the same weight as judicial confessions.
Courts examine factors like voluntariness, circumstances of the confession, and corroboration before relying on it.
Extra-judicial confessions cannot be the sole basis for conviction unless supported by other evidence.
Important Case Laws on Extra-Judicial Confessions
1. Emperor v. Manek Lal (1940) AIR 747 (PC)
Facts: The accused made a confession to a friend, which was later used against him.
Issue: Whether an extra-judicial confession can be used as evidence.
Judgment: The Privy Council held that extra-judicial confessions are admissible, but the court must be cautious and verify their truthfulness.
Significance: Established that extra-judicial confessions are admissible but require corroboration.
2. R v. Bedingfield (1879) 13 Cox CC 70
Facts: Accused made a confession to the police but not in the presence of a magistrate.
Issue: Validity and weight of extra-judicial confession.
Judgment: The court held that such confessions are admissible but are less reliable than judicial confessions.
Significance: Recognized difference between judicial and extra-judicial confessions and the need for caution.
3. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Facts: The accused made an extra-judicial confession which was corroborated by other evidence.
Issue: Whether an extra-judicial confession supported by corroboration can form the basis for conviction.
Judgment: The Supreme Court held that when an extra-judicial confession is voluntary and supported by independent evidence, it can be the basis of conviction.
Significance: Highlighted that corroboration is essential for extra-judicial confessions.
4. Narayan Lal v. State of Rajasthan (1959) AIR 554
Facts: Confession was made to a friend and not recorded by magistrate.
Issue: Whether confession made to a third party is admissible.
Judgment: The Court observed that extra-judicial confession to a friend is admissible but caution is necessary in assessing its truth.
Significance: Affirmed that the nature of the person to whom confession is made affects credibility.
5. Ramachandra Reddy v. Public Prosecutor (1955) SCR 772
Facts: Accused made an extra-judicial confession which was later retracted.
Issue: Whether such retracted confessions hold any evidentiary value.
Judgment: Court held that confession if voluntary, though retracted later, can be used as evidence but must be cautiously evaluated.
Significance: Even retracted extra-judicial confessions can be relevant if voluntary.
6. Kashmir Singh v. State of Haryana (2007) 12 SCC 709
Facts: The accused made an extra-judicial confession during interrogation but claimed it was under duress.
Issue: Whether confession was voluntary.
Judgment: Supreme Court emphasized the need for courts to examine the circumstances of confession, especially presence of coercion or inducement.
Significance: Voluntariness is key for admissibility of extra-judicial confession.
7. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Facts: Extra-judicial confession was recorded by the police without magistrate’s presence.
Issue: Whether such confession is admissible.
Judgment: Court ruled that police cannot record confession without magistrate; confession must be voluntary and free from coercion.
Significance: Protected accused from forced confessions by police.
Summary
| Aspect | Details |
|---|---|
| Definition | Confession made outside court or magistrate |
| Admissibility | Admissible but cautiously treated |
| Weight | Less than judicial confession, needs corroboration |
| Requirement | Must be voluntary and free from inducement/threat |
| Evidence Alone | Cannot be sole basis for conviction |
| Importance of Corroboration | Strongly emphasized by courts |
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