Page 1 of 9

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 05

May 2019

Available online: https://ejbss.org/ P a g e | 520

Relevancy of Confession under Trial

Authors. Jai Shankar Ojha (Asst. Proffessor , Law College Dehradun , Uttranchal

University )

Devanshi Sharma (10 th Semister,BBALLB.(Hons)

College : Law College Dehradun

Email id: devanshisharma04@gmail.com

Abstract

According to Catholic definition –St. Elizabeth Ann Seton

CONFESSION HEALS ,CONFESSION JUSTIFIES ,

CONFESSION GRANTS, PARDON OF SIN ,

ALL HOPE CONSIST IN CONFESSION,IN CONFESSION THERE IS CHANCE OF MERCY

Whereas Justice Stephen defined Confession as,

An Admission made at any time by a Person, who has been charged with any crime & such

admission suggests the inference that he committed that crime.

What is Confession?

Under Common law confession means “an unequivocal acknowledgement of guilt.”An extra- judicial confession, in terms of the act,

“implies that an accused committed or participated in commission of an offence. A confession

made by an accused in a preparatory examination was described as a voluntary admission by him

of his guilt, and that was treated as plea of guilty.

In India the term confession is nowhere defined in the Indian Evidence act. All the provisions

relating to confessions occurs under the heading of ‘admission’. The definition of admission as

given in Section17 of the Indian Evidence Act becomes applicable to confession also. Section17

Page 2 of 9

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 05

May 2019

Available online: https://ejbss.org/ P a g e | 521

defines admission as “a statement oral or documentary which suggests any inference to any fact

in issue or relevant fact.

Different Countries have different rules regarding the admission and confession. These rules are

being made for the protection of legal rights and especially to ensures that wrongful conviction

do not occur. Confession itself seems to be the gold standard of evidence for investigations.

Sometimes confessional statements are being denied or rejected because when confessions are

not voluntary it becomes danger of accused falsely implicating himself .But according to Indian- Judicial system the confessional statements taken by the courts are being considered, especially

on current position of law .

INTRODUCTION

CONFESSION UNDER ENGLISH LAW

Under common law, a confession may be made in form of evidence against the defendant as an

exception to the rules against the admission of hearsay evidence. A confession must satisfy the

voluntariness requirement in order to be admissibility.

A confession holds the highest place of authenticity when it comes to proving beyond the

reasonable doubts & here the prosecution needs to prove beyond the reasonable doubts that the

confession was not obtained by any fear or threat of prejudice or hope of advantage, held out by

a person in authority. The judges hold the discretionary powers at common law to exclude the

confession.

Though there are some grounds on which the discretion can be exercised. A voluntary confession

may be excluded on the ground of unfairness. A confession or admission could also be excluded

if its prejudicial effects exceeded its probative value. Confessions that fall into this ground of

discretionary exclusion include those made by mentally ill that are too untrustworthy to leave to

the jury. A final point to note is that judges could also exclude documents recording confessions

if in his opinion the admission of the documents would prejudice the defendant.

Page 3 of 9

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 05

May 2019

Available online: https://ejbss.org/ P a g e | 522

CONFESSION UNDER INDIAN LAW

In India the substantive law as to confessions is contained in Section 24 to 30 of the Indian

Evidence Act, 1872 and the adjective law in section 163, 164,281(2)to (6)and 463 of Criminal

Procedure Code,1973.

Section 164 of the Code of Criminal Procedure, 1973 lays down that any Magistrate of the First

Class or any Magistrate of Second Class specially empowered may record any statement or

confession made to him in the course of investigation under Chapter XIV Code or at any time

afterwards before the commencement of the enquiry or trial.

Such confession shall be recorded and signed in the manner provided in sections 164 and 281(2)

to (6) of the Code of Criminal Procedure .Both of the sections are to read together and the

procedure which is laid down therein with minute particularity must be meticulously be

followed. It must be remembered that section 164 is not restricted to recording of confession. It

has reference to statements as well. The statements need not amount to a confession. They may

partly be confessional and partly exculpatory .They may not be confessions at all.

The distinction between statement and confession assumes importance in view of the different

mode of recording thereof as would appear from sub-section (2) of section 164 . If it is a

confession, it should be recorded and signed in the manner provided in Section 281(2) to (6) and

the discretion in sub –section (3) should be strictly compiled with.

The Confession need not to be of already accused, it may be of a person who may ultimately be

“accused” .The act of recording confession under Section 164 is very solemn act and in

discharging his duties under the said section, the magistrate must take care to see that the

requirements of section 164(3)are fully satisfied.

Before recording the confession, the Magistrate should explain to the person that he is not bound

to make confession and that if he does so, it may be used as evidence against him. Magistrate

should satisfy himself that it is voluntary confession .The object of putting, questions to an