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    Evidence Law - Test 2

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    Ghazaal Khan
    1. A confession is a statement by an accused acknowledging guilt and can be considered conclusive proof if made properly. Confessions come in two forms: judicial confessions made before a magistrate and extrajudicial confessions made elsewhere. 2. The evidentiary value of a confession depends on how it was recorded and the circumstances involved. A judicial confession has more value than an extrajudicial confession. 3. For a confession to be admissible, the proper procedure outlined in the law must be followed during recording. Non-compliance, such as returning an accused to police custody, can render a confession inadmissible.

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    Evidence Law - Test 2

    Uploaded by

    Ghazaal Khan
    48 views3 pages
    1. A confession is a statement by an accused acknowledging guilt and can be considered conclusive proof if made properly. Confessions come in two forms: judicial confessions made before a magistrate and extrajudicial confessions made elsewhere. 2. The evidentiary value of a confession depends on how it was recorded and the circumstances involved. A judicial confession has more value than an extrajudicial confession. 3. For a confession to be admissible, the proper procedure outlined in the law must be followed during recording. Non-compliance, such as returning an accused to police custody, can render a confession inadmissible.

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    EVIDENCE LAW- TEST 2

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    1. A confession is a statement by an accused acknowledging guilt and can be considered conclusive proof if made properly. Confessions come in two forms: judicial confessions made before a magistrate and extrajudicial confessions made elsewhere. 2. The evidentiary value of a confession depends on how it was recorded and the circumstances involved. A judicial confession has more value than an extrajudicial confession. 3. For a confession to be admissible, the proper procedure outlined in the law must be followed during recording. Non-compliance, such as returning an accused to police custody, can render a confession inadmissible.

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    48 views3 pages

    Evidence Law - Test 2

    Uploaded by

    Ghazaal Khan
    1. A confession is a statement by an accused acknowledging guilt and can be considered conclusive proof if made properly. Confessions come in two forms: judicial confessions made before a magistrate and extrajudicial confessions made elsewhere. 2. The evidentiary value of a confession depends on how it was recorded and the circumstances involved. A judicial confession has more value than an extrajudicial confession. 3. For a confession to be admissible, the proper procedure outlined in the law must be followed during recording. Non-compliance, such as returning an accused to police custody, can render a confession inadmissible.

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    EVIDENCE LAW- TEST 2

    GHAZAAL KHAN

    Question No. 1
    What is confession? Does its evidentiary value depend on mode and
    manner in which it is recorded.

    I​NTRODUCTION
    The word confession has not been defined in Qanun e Shahdat order, However, In the
    criminal justice system, a confession is a statement by which a person acknowledges his or
    her guilt. A confession is considered by law specialists to be a conclusive proof if made in the
    right way. Confession itself is not sufficient to prove their guilt or innocence. It is to be
    believed that confession is often made under duress.

    DEFINITION
    Confession is defined as,
    “A statement made by the person suspected or charged with a crime that he/she did, in fact
    commit a crime”

    RELEVANT PROVISIONS
    The relevant provisions that deal with the concept of confession is Article 164 and 364 of
    Crpc, Lahore High court rules and orders chapter 13 volume 3 and Article 37 to 42 of
    Qanoon e Shahadat.

    KINDS OF CONFESSION
    Confession may be classified into following two kinds:

    1. Judicial Confession
    A judicial confession is a confession made in front of a magistrate or in a court of law. It may
    be made in the course of a judicial proceeding. It is recorded under Section 164 read with the
    Section 364 Cr.P.C and chapter 13 of the High court rules and order along with Article 91 of
    1984 order.
    However, not every statement recorder under ​Section 164 falls in the ambit of a confession.
    The court has been given sufficient power to record statements and confessions. A confession
    is transferred from the magistrate to the concerned trial court.
    Section 364 of Cr.P.C ​provides the mode and manner with which confession is recorded and
    presented in the court. The statement is to be recorded as the accused presents and shall be
    read to the accused in a language he/she understands. The document is to be signed by the
    magistrate that it was made under his presence and if not in his presence the judge needs to
    make a memorandum.
    2016 SCMR 274
    Para 15 of the case law deals with judicial confession and talks about its admissibility; it
    states that the confession made before the police officer is not admissible owing to the threat
    of duress whereas, the confession made before a judge or a private person is admissible but of
    low evidentiary value.

    2. Extra Judicial Confession


    An extra judicial confession is a confession that is made by the private elsewhere than before
    a magistrate or in a court. It is one weak piece of evidence and can not corroborate similar
    evidence. Extra judicial confession alone without any corroboration is not sufficient to
    maintain any conviction.
    2016 SCMR 274
    In this case it is clearly stated that the accused has to be sent to the judicial remand after the
    confession recorded by the court.

    Retracted Confession
    A confession rightly recorded by the judicial magistrate or the court later refused by the
    accused on basis of duress. The confession can be taken into consideration but it should be
    dealt with with great caution and is not inadmissible.
    PLD 2019 SC 577
    In this case the concept of retracted confession was discussed. The time of confession or
    delay at producing confession before the magistrate can render a confession’s evidentiary
    value low.
    EVIDENTIARY VALUE
    A confession is generally admissible but if the mode and process is followed by the court
    strictly and the accused is not transferred back to the lock up, the confession can be
    admissible with low evidentiary value. The confession can be taken into consideration but it
    should be dealt with with great caution and is not inadmissible.
    2018 PCRLJ 1104
    In this case the stage of confession is broken down. In criminal cases great responsibility rests
    on the court to determine if confession is voluntary. In this case the custody of the accused
    was handed back to the police officer any non compliance with 364 renders the confession
    inadmissible.

    CONCLUSION
    A confession is admissible but has a low evidentiary value in the court of law. A confession if
    recorded by the means and mode provided by the law and dealt with great caution can be
    considered upon by the court of law.

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