Author: Jaya Salini. SR, Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University
Co-Author: Jeyashree. G, Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University
The aim of this paper presentation is to provide detailed analysis on the topic confession. Confessions are relevant facts which are recognized under Indian evidence Act, 1872. We all know that confession is dealt under Indian Evidence Act, 1872 reading with section 24 to 30 of the Act. Confessions are a special one because it is applied only in criminal cases and it is also a special form of admissions. Thus, it is popularly said that “all confessions are admissions but all admissions are not confessions”. A confession may occur in many forms, Confession recorded by a judicial magistrate or a confessional statement made before the judicial magistrate it’s called judicial confession whereas Confession recorded other than judicial magistrate is called Extra – judicial confession which is made to a village administrative officer. The above confession should be free and voluntary. A confession made by an accused in a criminal proceeding is irrelevant, if it is caused by any inducement, threat or promise under section 24 of the Indian Evidence Act, 1872. At the same time if confession made to the police officer or confession made by an accused to any person while in custody of a police officer is inadmissible under this act. In case of more than one accused there is an option under this act that all the Co-Accused together can be tried Jointly with certain conditions mentioned under section 30 of the Act. Mainly taking back the words of confession is inadmissible i.e., Retracted confession. The above are the overview of this paper presentation which is discussed under separate topics with relevant case laws mentioned under Indian Evidence Act, 1872.