Section 24 to 30 of Indian Evidence Act deals with confessions. Confessions should be voluntary. There are four kinds of Confession a) judicial confession, b) Extra-Judicial Confession, c) Retracted Confession, d) Confession by co-accused.
The meaning of Confession:
The expression confession means a statement made by an accused admitting his guilt. It is an admission as to the commission of an offence. If a person accused of an offence makes a statement against himself, it is called confession or confessional statement. Confessions are the special form of admissions. Thus it is popularly said that "All Confessions are admissions, but all Admissions are not confessions."
Definition of Confession:
According to Sir James Stephen "An admission made at any time by a person charged with a crime stating or suggesting the inference that he committed a crime".
The term confession no where defined in the Indian Evidence Act 1872, But the definition of admission under section 17 of Indian evidence Act becomes applicable to confession also. Section 17 provides " A statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact."
If a statement made by a party in the civil proceeding, it is called as admission while if it is made by the party charged with the crime, in a criminal proceeding, it is called as a confession. Thus, the confession is a statement made by the person charged with a crime suggesting an inference as to any fact in issue or as to relevant fact. The inference that the statement should suggest that he is guilty of a crime.
Confession, in short, is an admission by the accused charged with an offence in the criminal proceeding.
Example :
If X is charged with the murder of Y, If X said that he has killed B, it is a confession.
Kinds of Confession:
There are four kinds of Confession, are as follows:
1) Judicial confession
2) Extra-Judicial Confession
3) Retracted Confession
4) Confession by co-accused
1) Judicial confession:
A Judicial Confession is that which is made before Magistrate or in a court due course of judicial proceeding. Judicial Confession is relevant and is used as an evidence against the maker provided it is recorded in accordance with provisions of Section 164 of Cr.P.C.The magistrate who records a confession under Section 164, Criminal Procedure Code, must, therefore, warn the accused who is about to confess that he may or may not be taken as an approval. After warning the accused he must give time to think over the matter and then only record the confession. Such a confession is called judicial confession.
2) Extra-Judicial Confession
Extra-Judicial Confession is made not before a Magistrate or any Court in due course of judicial proceeding but is made either to police during the investigation or into police custody or made otherwise than to the police. Extra-Judicial confession is not relevant. (See Detail Note on Extra-Judicial Confession)
3) Retracted Confession
The Accused person who confessed earlier and later denied such confession does not destroy the evidentiary value of the confession as originally recorded. The Supreme Court has stated that a Retracted confession may form the basis of a conviction if it receives some general corroboration from other independent evidence. But if the court finds that the confession originally recorded was voluntary, it should be acted upon.
4) Confession by co-accused
Section 30.Consideration of proved confession affecting person making it and others jointly under trial for the same offense
When more persons than one are being tried jointly for the same offense, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.
Explanation: “Offence” as used in this Section, includes the abetment of, or attempt to commit, the offense.
Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said – “B and I murdered C”. the court may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said, “A and I murdered C”. The statement may not be taken into consideration by the Court against A and B is not being jointly tried.
The meaning of Confession:
The expression confession means a statement made by an accused admitting his guilt. It is an admission as to the commission of an offence. If a person accused of an offence makes a statement against himself, it is called confession or confessional statement. Confessions are the special form of admissions. Thus it is popularly said that "All Confessions are admissions, but all Admissions are not confessions."
Definition of Confession:
According to Sir James Stephen "An admission made at any time by a person charged with a crime stating or suggesting the inference that he committed a crime".
The term confession no where defined in the Indian Evidence Act 1872, But the definition of admission under section 17 of Indian evidence Act becomes applicable to confession also. Section 17 provides " A statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact."
If a statement made by a party in the civil proceeding, it is called as admission while if it is made by the party charged with the crime, in a criminal proceeding, it is called as a confession. Thus, the confession is a statement made by the person charged with a crime suggesting an inference as to any fact in issue or as to relevant fact. The inference that the statement should suggest that he is guilty of a crime.
Confession, in short, is an admission by the accused charged with an offence in the criminal proceeding.
Example :
If X is charged with the murder of Y, If X said that he has killed B, it is a confession.
Kinds of Confession:
There are four kinds of Confession, are as follows:
1) Judicial confession
2) Extra-Judicial Confession
3) Retracted Confession
4) Confession by co-accused
1) Judicial confession:
A Judicial Confession is that which is made before Magistrate or in a court due course of judicial proceeding. Judicial Confession is relevant and is used as an evidence against the maker provided it is recorded in accordance with provisions of Section 164 of Cr.P.C.The magistrate who records a confession under Section 164, Criminal Procedure Code, must, therefore, warn the accused who is about to confess that he may or may not be taken as an approval. After warning the accused he must give time to think over the matter and then only record the confession. Such a confession is called judicial confession.
2) Extra-Judicial Confession
Extra-Judicial Confession is made not before a Magistrate or any Court in due course of judicial proceeding but is made either to police during the investigation or into police custody or made otherwise than to the police. Extra-Judicial confession is not relevant. (See Detail Note on Extra-Judicial Confession)
3) Retracted Confession
The Accused person who confessed earlier and later denied such confession does not destroy the evidentiary value of the confession as originally recorded. The Supreme Court has stated that a Retracted confession may form the basis of a conviction if it receives some general corroboration from other independent evidence. But if the court finds that the confession originally recorded was voluntary, it should be acted upon.
4) Confession by co-accused
Section 30.Consideration of proved confession affecting person making it and others jointly under trial for the same offense
When more persons than one are being tried jointly for the same offense, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.
Explanation: “Offence” as used in this Section, includes the abetment of, or attempt to commit, the offense.
Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said – “B and I murdered C”. the court may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said, “A and I murdered C”. The statement may not be taken into consideration by the Court against A and B is not being jointly tried.
http://www.ourlegalworld.com/2018/08/confession-under-indian-evidence-act.html?m=1
ReplyDeletesimple and easy language , well explained.
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