Evidence Law Assignment – Confession in Light of Judicial decisions & in relation to

CrPc

What is Confession?
Section 17 expressly provides that any statement whether oral or in the form documentary
which put forward for the consideration of any conclusion to the fact in issue or to the
relevant facts.
when is put forward for the consideration of any inference to the fact in issue or to the
relevant facts in the civil proceeding then such consideration of statements is known
as confession. Thus, the confession is something which is made by the person who is charged
with any criminal offences and such statements conferred by him shall be suggesting a
conclusion as to any fact in issue or as to relevant facts. The statements may infer any
reasoning for concluding or suggesting that he is guilty of a crime. We may also define
the confession in other words that the admission by the accused in the criminal proceedings is
a confession.
In, Palvinder Kaur V. State of Punjab the Supreme Court uplifted the Privy Council decision
in Pakala Narayan Swami case and substantiated their arguments over two reasoning- Firstly,
the definition of confession only comes to exist when the statements conferring the admission
that he is either guilty of any offence or the admission is probating all the facts which
constitute the offence. Secondly, when the statement has different qualities and contains such
a mixture of confessional statements which conclude to the acquittal of the person making the
confession, then such statements cannot be considered as a confession.
The expression of confession means any statements made by an accused which proves his
guilt. And there is just a thin line difference between the two terminologies of the Indian
Evidence Act that admission is no other different term than admission as a confession only
ends up in admission of guilt by the accused. So a person accused of any offence makes any
statement against him which may prove his guilt, is called confession or confessional
statement. It is observed that confessions are upgrades of admission which makes it special,
thus, it is popularly administered that “All Confessions are admissions, but not all
Admissions are confessions.”
What is Admission?
Section 17 of Indian Evidence Act, defines admission as any statement made in either form
such as oral, documentary or in electronic form which has enough probative value to suggest
or conclude any inference as to any fact in issue or relevant fact.
Section 17 to 23 of the Indian Evidence Act specifically deals with the portions related
to admission. The word ‘Admission’ expressed in the Evidence Act means “When any person
voluntarily acknowledges the existence of any facts in issue or facts”. Like in the case of
confession we discovered that confession is not much described in the Evidence Act in the
same manner the Indian Evidence Act also has not done much effective work on expressing,
the term ‘Admission’ in an outspread sense.
Forms of confession
A confession may occur in many forms. When it is made to the court itself then it will be
called judicial confession and when it is made to anybody outside the court, in that case it
will be called extra-judicial confession. It may even consist of conversation to oneself, which
may be produced in evidence if overheard by another. For example, in Sahoo v. State of U.P.
the accused who was charged with the murder of his daughter-in-law with whom he was
always quarreling was seen on the day of the murder going out of the house, saying words to
the effect : “I have finished her and with her the daily quarrels.” The statement was held to be
a confession relevant in evidence, for it is not necessary for the relevancy of a confession that
it should be communicated to some other person.

Judicial confession- Are those which are made before a magistrate or in court in the due
course of legal proceedings. A judicial confession has been defined to mean “plea of guilty
on arrangement (made before a court) if made freely by a person in a fit state of mind.

Extra-judicial confessions- Are those which are made by the accused elsewhere than before a
magistrate or in court. It is not necessary that the statements should have been addressed to
any definite individual. It may have taken place in the form of a prayer. It may be a
confession to a private person. An extra-judicial confession has been defined to mean “ a free
and voluntary confession of guilt by a person accused of a crime in the course of conversation
with persons other than judge or magistrate seized of the charge against himself. A man after
the commission of a crime may write a letter to his relation or friend expressing his sorrow
over the matter. This may amount to confession. Extra-judicial confession can be accepted
and can be the basis of a conviction if it passes the test of credibility. Extra-judicial
confession is generally made before private person which includes even judicial officer in his
private capacity. It also includes a magistrate not empowered to record confessions under
section 164 of the Cr.P.C. or a magistrate so empowered but receiving the confession at a
stage when section 164 does not apply.
A Criminal appeal was filed by the accused against the order of trial Court where the accused
admitted to the commission of offence. In the case, FIR was filed by 14-year-old victim’s
father on 28-04-2017 and the incident took place the previous afternoon. As per the FIR,
victim was returning from school on 27-04-2017, when she was accosted by the present
appellant and another person who forcibly took her to the nearby jungle and raped her one
after another. The two left the victim bleeding and threatened the victim not to narrate the
incident to any person.
Victim was medically examined and it was found that she had redness in the labia minora and
her hymen was torn. Her “inner frock” was seized by the investigating officer and the
medical examiner, who examined the victim, testified later in Court that it was his opinion
that the victim had been violated and sexually assaulted.

The appellant’s statements at the Section 313 stage, amount to this: that neither the
appellant nor the other person involved with him had any motive of committing rape on
the victim or bore any grudge against the victim or her family but upon seeing the victim
trudging back alone after school, they were overcome with carnal desire and committed the
offence.
The appellant admitted to the fact that the victim was bleeding at the time that the appellant
raped her and the juvenile offender committed rape thereafter. The appellant also admitted
that the appellant and the juvenile offender had threatened the victim and had asked her not to
disclose the incident to any person.
The Court opined that there was no merit in the appeal and it was established and proved
beyond reasonable doubt in course of the trial that it was the appellant who committed the
offence. The appeal was accordingly dismissed.[Witnar T. Sangma v. State of Meghalaya, 
Confession in Crpc

Who is Competent to Record a Confession or Statement?

Irrespective of the fact whether they have jurisdiction or not, a confession or a statement can

be recorded by a Metropolitan Magistrate or by a Judicial Magistrate.

The proviso to section 164 of the Criminal Procedure Code provides that the police officer to

whom the powers of the magistrate have been conferred is not competent to record

confessions.

When can a Confession or Statement be Recorded by the Magistrate?

A confession of a statement under section 164 of the Criminal Procedure Code can be

recorded:

(i) either in the course of the investigation.

(ii) or anytime afterwards but before the commencement of inquiry or trial..

Manner of Recording a Confession under CrPC

Before recording a confession, the magistrate has to explain to the person confessing that:

(i) he is not bound to make such confession

(ii) and if he makes such a confession, it can be used against him as evidence.

involuntary confession. To ensure that the confession is made voluntarily following

directions are to be followed by the magistrate:

1. After giving the above-said warning, the magistrate should provide adequate time to the

accused to think so that he is free from police influence (when he comes from police

custody).

2. The accused will be asked about the treatment that he received in custody.

3. If there are any marks or injuries on the accused person’s body, he will be asked how he

received them.

4. If the accused is handcuffed, his handcuffs will be ordered to be removed.

5. If the accused expresses his unwillingness to make a confession, then he will not be

remanded to police custody.

6. Accused will be asked the reason as to why he is making such a statement which is against

his self-interest.

7. The magistrate has to apply his judicial mind to ascertain that the accused confessing is not

under any kind of influence, threat or promise.

8. The court can reject a confession if it is not found to be perfectly voluntary.

9. To determine the voluntariness of the confession, the prisoner’s mental state must be

considered.
10. If the prisoner knows how to write, he may be asked to give his confession in writing to

derive the real version from the prisoner himself.

11. The magistrate can explain to him his right to consult a lawyer before recording his

confession under Article 22(1) of the Constitution and section 303 of the Criminal Procedure

Code.

Evidentiary value

confession is a weak kind of evidence and hence needed to be corroborated. It may be used to
corroborate or contradict a statement made in the court in the manner provided under section
157 and 145 of Indian Evidence Act. The statement cannot be used a substantive piece of
evidence but it can be used for the purpose of corroboration and can be used to contradict by
cross-examining the person who made.

Places where the recorded statements are used

It can be used for the purpose of corroboration. It can be used to cross-examining the person
who made it show that the evidence of the witness is false but that does not establish that
what he started out in the court under this section is true. A statement made by the witness
under section 164 CrPC can be used for the purpose of cross-examining him and discrediting
his evidence in the session’s court.
Supreme court in Kashmira Singh V. State of M.P  Kashmira Singh v. State of MP , the
accused Kashmira who was an Assistant Food Procurement Inspector, his services along with
the another food inspector were terminated on a report of the food officer when they were
getting the rice polished in a rice mill. Kashmira was heard twice saying that he would teach
a lesson to the food officer. After a few months the son of the food officer was found missing
and his body was found in a well. Kashmira, Gurudayal brother of Kashmira, Prithipal son of
Gurudayal and one Gurubachan, a rickshaw puller in this case were tried of conspiracy and
killing the child. The prosecution story was that Prirthipal led the child, when he was playing
near the Gurudwara, for some distance and then the child was taken on the cycle by Kashmira
to a house where he was murdered. According to the judgment of the SC Guruibachan was
not a rickshaw puller by profession and the rickshaw was hired only for that night for the
disposal of the body of the deceased.

Hence before the confession of one accused may be taken into consideration against others, it
has to be shown that:
1) The person confessing and the others are being tried jointly.
2) They are being tried for the same offence.
3) The confession is affecting the confessioner and the others

Relevance of Statements Recorded by police During investigation

Section 162 Crpc contains a prohibition Against the singing of the witness’s statement
recorded during the investigation. It has the origin in the historical distrust about the faithful
recording of statement by the investigation officers.
Conclusion
This change in the Evidence Act is necessary so as to invigorate the trust and faith of the
people of India in the Judiciary that they will be provided imparted speedy justice to the
wrongs done to them by any person. The draft Criminal Law (Amendment) Bill, 2003 in its
statement of objects and reasons mentions that the disposal of criminal trials in the courts
takes considerable time and that in many cases trial do not commence for as long as 3 to 5
years after the accused was remitted to judicial custody. In lieu of this, it is pertinent that
provisions of Criminal Law be changed so as to reduce the time