Indian Evidence Act, 1872- Confessions- Explained

Indian Evidence Act, 1872- Confessions- Explained

Indian Evidence Act, 1872- Confessions- Explained

What is a Confession under India Evidence Act?

The term Confession has been defined under section 24 of the Indian Evidence Act. As this section comes under the heading of admissions, it makes it clear that confessions are merely one species of admissions. Although Confessions do not have a precise definition to it but still can be explained.

Confession is the admission of guilt or its inferences by an accused made in custody. As per Justice Stephen, a “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.

Case Law-

Pakala Narayan Swami v. Emperor-

Lord Atkin in this case observed, “A confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not i itself a confession”.

Types of Confessions-

There are two types of confessions, namely-

1) Judicial Confession- is one which is made before a magistrate or in Court in due course of legal proceedings.

2) Extra-Judicial Confession- are the ones which are made else where than before a magistrate or Court.

 

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