Confession under Indian Evidence Act

This article is written by Simran Sanjeev Gupta of Shri Vaishnav Institute of Law, Indore

The term confession is not defined under evidence act.In general words,it is a accepting  by the accuser that he has committed that wrongful act.

MEANING:
Confession is accepting a wrongdoing or crime.It is a voluntary statement, only made by a person charged with crime.It is self harming statement & applied only to criminal cases.

Example:-
I  killed a man with a gun.
I took a hockey & blow a victim.

1.only made by accused or person charged with crime.
2.it is a voluntary statement.
3.it must affect the confessor.
4.made before judicial magistrate or person authorized.
5.it must contain words admit guilt.
6.it must be definite & certain.
7.it must either oral or document.

1:Judicial confession:
-Made before magistrate or court in course of legal proceeding.
-Confessor must have full & perfect knowledge of its nature & consequences.
-made in accordance with statues.

2:Non judicial confession
-Made before ther than court or judicial magistrate.
-informal statement
-Not appear in record of case.

EVIDENTIARY VALUE:
A person is convicted on the basis of confession.Thus,it play a vital role in establishing a guilt of crime.hence,it must be certain,definite & true.The court must take due cautions while admitting the confessions.

CONFESSION TO POLICE OFFICER:-
Confession made to police officer has not proved against the accused.
Reason-
1.police resort various means to take confession like torture.
2.if it accepted than it violates fundamental right of constitution art.20(3)

Means withdrawal of statement i.e taking back of previous statement relating to guilt. In this, accused confess before trial but denies or withdraw during trial. Hence, magistrate follow rules as a precautionary measures so that this situation won’t occur.And the confessor feel free from influence of police.

We can conclude that confession have significant importance in criminal cases.As the judicial confession follows prescribed rules & statues so it hardly leave any loopholes which deviate the proceeding of case. And further,confession  is a voluntary statement by the accuser thus it protects the accuser from torture & other threat for extracting the statement.