Meaning of Retracted Confession
A retracted confession refers to a confession that an accused person initially makes voluntarily but later withdraws or denies. Under the Indian Evidence Act, 1872, confessions are dealt with under Sections 24 to 30, which lay down rules regarding admissibility, voluntariness, and corroboration. A retracted confession is not automatically inadmissible, but courts view it with caution because withdrawal raises doubts about the initial voluntary nature. The accused may retract due to fear, coercion, misunderstanding, or legal pressure. Therefore, before relying on such a confession, courts examine whether it was originally made freely, whether the retraction appears genuine, and whether supporting evidence independently confirms the essential elements. Thus, a retracted confession is legally admissible but needs strong assurance of reliability.
Evidentiary Value and Judicial Approach
Indian courts have consistently held that a retracted confession can form the basis of conviction, but only if it is voluntary, truthful, and corroborated by reliable evidence. This position is supported by judicial interpretations of Section 30, which allows the confession of a co-accused to be considered but only with caution. Courts apply the “double test”—first, determining whether the confession was voluntary, and second, whether its truth is confirmed by material evidence on record. A retraction does not automatically nullify the confession, but it weakens its probative force. When the retraction appears motivated by fear of punishment or after consulting others, the original confession may still hold value. However, if the retraction reveals coercion or inducement as prohibited under Sections 24–26, the confession becomes unreliable.
Need for Corroboration and Safeguards
A retracted confession is treated as a weak piece of evidence, and courts avoid basing conviction solely upon it. Strong corroboration is essential, especially in serious offences like murder, terrorism, or economic crimes. The corroboration must be in material particulars, linking the accused to the crime independently of the confession. This safeguard prevents miscarriages of justice arising from confessions made under pressure or confusion. Courts also ensure compliance with Section 164 of the CrPC, which mandates judicial recording of confessions to ensure voluntariness. The principle is based on public policy to prevent misuse of confessional evidence by police and to uphold the rights of the accused. Therefore, retracted confessions occupy a unique but delicate position in the law of evidence.
Real-Time Illustration
Suppose an accused confesses during police interrogation that he participated in a burglary. Later, in court, he retracts the confession claiming that police threatened him. The court cannot rely solely on that confession unless there is independent corroboration—such as recovery of stolen goods, eyewitness testimony, or CCTV footage matching the accused. If such evidence exists, the confession, though retracted, may still be used under judicial scrutiny. But if the accused proves coercion or illegal methods as prohibited under Sections 24–26 of the Evidence Act, the confession becomes inadmissible. This example shows how courts balance the voluntary nature of confessions with the possibility of misuse by authorities, ensuring justice is not compromised by unreliable admissions.
Mnemonic to Remember – “R-E-T-R-A-C-T”
R – Retracted later after initially confessing
E – Examine voluntariness under Sections 24–26
T – Test of corroboration required
R – Reliability must be independently confirmed
A – Admissible but treated with caution
C – Court must find material corroboration
T – Truth must be established beyond retraction
This mnemonic “RETRACT” helps recall that a retracted confession requires careful judicial scrutiny, strong corroboration, and must be voluntary to hold evidentiary value.
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