Question

What is Confession in Indian Evidence Act?

Answer 1

In the Indian Evidence Act, 1872, a confession is defined under Section 24. According to the Act, a confession is a statement made by an accused person, in the course of investigation or during the trial, admitting that they committed the offense with which they are charged or any other offense. The statement can be oral or in writing and can be made to any person or authority. The provisions regarding confessions in the Indian Evidence Act are primarily aimed at determining the admissibility and evidentiary value of such statements. The Act lays down certain conditions and safeguards for the admissibility of confessions to ensure their reliability and voluntariness. These conditions are as follows: The confession must be made by the accused person: The statement must be made by the person who is accused of the offense. The confession must be voluntary: The confession should be made without any inducement, threat, or promise of reward. It should not be obtained under any circumstances that may render it involuntary. The confession must be made to a person in authority: A confession made to a police officer is not admissible unless it is made in the immediate presence of a Magistrate. The confession must be made in the presence of a Magistrate: If the confession is made to a police officer, it must be made in the immediate presence of a Magistrate. The confession must be recorded: The confession must be recorded in writing or in the electronic form, and the person recording it must certify that the confession was made voluntarily. The confession must be made in a judicial proceeding: The confession can be admissible as evidence in a judicial proceeding, including a trial or an inquiry before a Magistrate. It's important to note that while confessions have evidentiary value, they are not considered conclusive proof of guilt. The court examines the confession in conjunction with other evidence to determine the guilt or innocence of the accused. It's also worth mentioning that the Indian Evidence Act provides additional provisions regarding the retraction of confessions, the effect of an involuntary confession, and the use of confessions made to persons other than authorities. These provisions further contribute to the comprehensive framework governing confessions in Indian law.