Retracted Confessions And Credibility
What is a Retracted Confession?
A retracted confession occurs when an accused initially admits to a crime but later withdraws or denies that confession.
Retraction can happen during trial or investigation, sometimes claiming the confession was made under coercion, duress, or misunderstanding.
Legal Position on Retracted Confessions
Retracted confessions are admissible as evidence but do not carry the same weight as un-retracted confessions.
Courts exercise great caution in relying on retracted confessions alone for conviction.
The main considerations are:
Whether the confession was voluntary when made.
Whether there is corroboration from independent evidence.
The circumstances of retraction—whether it was due to fear, threat, or genuine change of mind.
Section 24 of the Indian Evidence Act states that confessions made under inducement, threat, or promise are irrelevant.
Conviction solely on a retracted confession is generally not safe unless corroborated.
Important Case Laws on Retracted Confessions and Credibility
1. Ramachandra Reddy v. Public Prosecutor (1955) SCR 772
Facts: Accused made a confession which was retracted later.
Issue: Whether retracted confession can be used as evidence.
Judgment: The Supreme Court held that a confession, even if retracted, can be used as evidence if it was voluntary and true at the time of confession.
Significance: Retraction does not automatically make confession inadmissible; voluntariness and corroboration are key.
2. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Facts: Confession was made and later retracted by the accused.
Issue: Whether conviction can rest on retracted confession.
Judgment: The Court stated that conviction based solely on a retracted confession is unsafe. However, if corroborated by other evidence, it can form a basis for conviction.
Significance: Emphasized the need for corroborative evidence along with confession.
3. Nandlal Wasudeo Badwaik v. State of Maharashtra AIR 1962 SC 605
Facts: The accused retracted his confession during trial.
Issue: How much weight to be given to a confession when retracted.
Judgment: The Court held that the credibility of confession depends on facts and circumstances, and retraction raises doubt requiring corroboration.
Significance: Retraction creates suspicion; corroboration is mandatory before conviction.
4. Mohan Lal v. The State AIR 1956 SC 740
Facts: Accused made a confession but retracted later.
Issue: Whether retracted confession can be sole basis for conviction.
Judgment: The Court held that conviction based solely on a retracted confession is unsafe unless supported by other evidence.
Significance: Reinforced the principle that corroboration is essential.
5. Shobha Rani v. State of M.P. (1992) 1 SCC 309
Facts: Confession was made to police and later retracted.
Issue: Validity of confession and weight to retracted statements.
Judgment: The Supreme Court ruled that confessions made to police are generally inadmissible unless recorded by a magistrate; retraction further weakens its credibility.
Significance: Differentiated between judicial confession and police confession and their evidentiary value.
6. Ramesh v. State of Rajasthan (1976) AIR 465
Facts: Accused initially confessed and retracted later, alleging coercion.
Issue: Whether confession was voluntary.
Judgment: Court held that confession must be voluntary to be relied upon; if retraction points to coercion, confession should be discarded unless corroborated.
Significance: Voluntariness is essential, and retraction may indicate coercion.
7. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Facts: Extra-judicial confession recorded by police and retracted by accused.
Issue: Validity and weight of retracted confession.
Judgment: The Court held police cannot record confession without magistrate, and retraction makes it unreliable unless supported by evidence.
Significance: Confession recorded without magistrate is weak, especially if retracted.
Summary Table: Retracted Confessions and Credibility
| Aspect | Explanation |
|---|---|
| Definition | Confession withdrawn or denied after initial admission |
| Admissibility | Admissible but less reliable than un-retracted confession |
| Weight | Considerably less weight; requires corroboration |
| Voluntariness | Must be voluntary at time of confession |
| Use as Sole Evidence | Generally unsafe to convict on retracted confession alone |
| Corroboration | Essential for conviction |
| Police Confession | Usually inadmissible, especially if retracted |
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