Confession Under Evidence Act

Confession Under Evidence Act is important topics for all state Judicial services examination as well as law related other examination.

Confession is not defined in the Indian Evidence Act, but the term ‘confession’ mentioned in the sec 24 of the Act..
Mr. Justice Stephen in his Digest of the law of Evidence defines confession as “confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime.”
Thus, the confession is an acceptance of the guilt of the accused.

In the Landmark Case of Pakala Narayan Swami V. Emperor, Lord Atkin observed that “A confession must either be admitted in the context of any offence or in relation with any substantial facts which inaugurate the offence with criminal proceedings. And an admission of serious wrongdoing, even conclusively incriminating fact is not itself a confession”.

In, Palvinder Kaur V. State of Punjab the Supreme Court uplifted the Privy Council decision in Pakala Narayan Swami case and substantiated their arguments over two reasoning- Firstly, the definition of confession only comes to exist when the statements conferring the admission that he is either guilty of any offence or the admission is probating all the facts which constitute the offence. Secondly, when the statement has different qualities and contains such a mixture of confessional statements which conclude to the acquittal of the person making the confession, then such statements cannot be considered as a confession.

In, Palvinder Kaur V. State of Punjab
Self Serving Statement (Exculpatory) + Self Harming Statement (Inculpatory ) = No Confession because on one hand the person is saving himself and on the other hand harming simultaneously. There may be intention of that person that harming himself will help in acquittal due to reasonable doubts in the story.

For example In case where A makes a statement that he has killed B. such statement is confession.
In case where A makes a statement that B abused him, and he hold the neck of B and drowned in the tank. Such statement is confession.
In case where A makes a statement he was with B. C came there. B and C were quarreled. He tried to stop C but he stabbed B.
By such statement an inference can be drawn about the implication of A in the murder of B. The statement at least shown that A was present at the time of the murder of the B. But such statement is not confession because he neither admits the guilt, nor substantially admits facts which constitute the offence
Exculpatory statements are not confession, for example, if an accused makes such statement which excludes him from the liability of committing an offence is not confession.(read the facts of Pakala Narayan Swamy and Palvinder Singh Case.)

In Aghnoo Nagesia v State of Bihar(1966)1SCR 134.it was held that a statement which contains self exculpatory matter cannot amount to a confession if the exculpatory statement is of the some fact which if true would negative the offence alleged to be confessed.

It is observed that confessions are upgrades of admission which makes it special, thus, it is popularly administered that “All Confessions are admissions, but not all Admissions are confessions.”

Judicial confessions are those confessions which are made before the Court or to a magistrate in due course of proceeding. Confessions by the accused to the Magistrate under section 164 of the Criminal Procedure Code, 1973 are judicial confessions.
Recording of Confessional statement under section 164 is to take during investigation, but before the commencement of preliminary enquiry or trial.
Under section 281, Cr. PC the examination of accused is made in inquiries and trials. A judicial confession can be used against the maker of it and is in itself sufficient to support his guilt
Recording confessional statements under section 164, CrPC:
Recording of confession has to be made in the manner prescribed by Sections 164 and 281, Cr. PC.
Such confession has to be made before a Magistrate in course of investigation or at any time before commencement of the inquiry or trial.
Before recording the accused’ confession it is the duty of a Magistrate to put questions to the accused and to satisfy himself, that the confession is voluntary.
When the confessional statement is recorded in presence of police officer it is in-admissible. If the confession is duly recorded, then it is relevant and admissible. The provisions contained therein are required to be strictly complied with.

When a confession is made to any other person and elsewhere the court, it is called extra judicial confession.
It is not required that such confession is addressed to someone, it may be in the form of ‘utterance, or prayer, or letter to relative, etc.
It may be to any one, known, unknown, intentional, muttering , unintentional, oral or documentary.
It must be noted that since this aspect covers a wide range of people and without any form of due process or warnings as was in the case of judicial confessions, the court usually goes for the rule of prudence, where the court looks for corroborations along with the confession made.
Generally, an uncorroborated extra-judicial confession is not going to amount by itself to result in a judgment of conviction, the necessity of corroboration to show that the confession made was under voluntary and pure circumstances is required

Extra-judicial confession is very weak piece of evidence. It must be received with great care and caution.
If the extra-judicial confession is clear, convincing and trustworthy the court only can rely upon it. It is not the usual practice, rather it is dangerous for the court to convict the accused solely on the basis of extra-judicial confession when such type of confession is given the courts require corroboration.
As a matter of principle, the courts require corroboration in extra-judicial confession.
Confession if deliberately and voluntarily made may be accepted as conclusive of the matters confessed
Confessions always go against the person making it.

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Confession Under Evidence Act