Section 24 of the Indian Evidence Act, introduced the word confession for the first time. Section 24 – 30 deals with the concept of confession. The confession comes under the heading of Admission. It can be said that confession is a species under admission. However, Confession is no defined by the Indian Evidence Act. In general term, Confession can be defined as a statement made by a person who is charged with criminal offences. Statements like Confession is also considered as the conclusion of the issue by a court of law.
In Nishi Kant Jha vs. State of Bihar[1]
It was observed that the court can also neglect a part of Confession in case of need. The major characteristics of ‘ Confession ‘ are that it proves the guilt of an accused. Confession, in general, is a statement made by accused against himself.
Difference between Admission and Confession
The main difference between Admission and Confession is that Confession proves the guilt of the accused completely. Confession is only made by a person who is charged with a criminal offence. On the other hand, Admission can be made by any person who has knowledge about the existence of facts. Apart from this, Admission is generally helpful in criminal proceedings, while Confession is used in criminal proceedings. Unlike Admission, Confessions are always used against the person who is confessing.
Types of Confessions
Confessions are of two types – Judicial and Extra Judicial. Both these Confessions has different evidentiary value. Judicial Confessions are also known as Formal Confessions. Judicial is more like a plea of guilty, as explained under Article 20(3) of the Constitution of India. Informal or Extra Judicial Confessions are made in absence of magistrate.
In Sahadevan vs. State of Tamil Nadu [2] , few principles were mentioned by the Supreme Court to check the validity of Confessions :
- As compared to Judicial Confessions, Extra Judicial Confessions are much weaker and the court should examine such Confessions properly.
- The only way to increase the evidentiary value of Extra-Judicial Confessions is to provide evidence along with it.
- Statements made by confessor must be prior to his crime.
- Extra-judicial Confessions must be made true and must be voluntarily made by a person.
Unlike Extra Judicial Confessions, Section 80 Indian Evidence Act, provide evidentiary value to judicial Confession. In Judicial Confession, the magistrate shall record the statement in a procedure prescribed by law. The Magistrate can record Confessions under Section 164 of CRPC. Just like Extra Judicial Confessions, Confessions made by co-accused have less evidentiary value as observed in the case of Pancho Vs. State of Haryana[3] .
By: Sarthak Batra.
[1] 1969 AIR 422, 1969 SCR (1)(103).
[2] Air 2012 SC 2435.
[3] (2011) 10 SCC 165.
For more Blogs – CLICK HERE.
Lawyers Gyan is now on Telegram (t.me/LAWYERSGYAN). Follow us for regular legal updates. Follow us on Instagram, LinkedIn, Facebook & Twitter or join our WhatsApp group.
Disclaimer:
Lawyers Gyan has no control over above-listed items as it is directly from the customer or taken from other sources. Despite our best efforts, some of the content may contain errors. You can trust us, but please conduct your own checks too. In case of any discrepancy please write to lawyersgyaan@gmail.com.