‘X’ was charged for committing murder of his wife. ‘X’ wrote a letter stating that he committed the crime, and this letter was kept near the dead body. The letter was found by the Inspector of police. Is it admissible ? Decide

Facts of the Case

‘X’ was charged with the murder of his wife.

• After committing the murder, ‘X’ wrote a letter confessing to the crime.
• The letter was placed near the dead body, apparently with the intention that it be found by the police.
• The Inspector of Police recovered the letter during the investigation.
• The prosecution intends to use the contents of the letter as evidence against ‘X’ in the trial.

Issues in the Case

1. Whether a confessional letter written by the accused can be admitted as evidence?
2. Whether the intent of the accused in writing the letter affects admissibility?
3. What is the legal position under the Indian Evidence Act regarding confessions not made to a magistrate?
4. Whether the letter constitutes a voluntary confession under Section 24–30 of the Indian Evidence Act?

Legal Principles Covered to Support Case Proceedings and Judgements

A. Confession under Indian Evidence Act, 1872

• Section 24: Confession caused by inducement, threat, or promise is irrelevant in criminal proceedings.
• Section 25: Confession made to police officer is generally inadmissible against the accused.
• Section 26: Confession made to police officer while in custody is inadmissible unless made in the presence of a magistrate.
• Section 27: Confession leading to discovery of a fact (like place of murder weapon or body) is relevant even if made to police, but only in connection with the fact discovered.

B. Distinction Between Confession and Admission

• Confession: Admission of guilt for a crime.
• Admission: Statement acknowledging facts related to the case but not amounting to full guilt.
• Confessional letters not made to magistrate are generally treated as admissions rather than formal confessions, unless voluntary.

C. Relevance of the Letter

• The letter was intended to be found by police, indicating voluntary intention to confess.
• Not made under threat or inducement; thus, it may be considered voluntary and admissible.
• Courts often consider such confessional letters found at crime scenes as evidence if authenticity is proved.

D. Judicial Precedents

1. State of Maharashtra v. K.M. Kaderbhai (1960)
   • Confessional letters voluntarily written by the accused and recovered by police are admissible.
2. Nandini Satpathy v. P.L. Dani (1978)
   • The court emphasized the need for voluntariness in confessions.
3. R. v. Sukdeo (1898)
   • Confessions not made to police under compulsion are admissible.

E. Application to Present Case

• The letter by ‘X’ was voluntary, left intentionally to be found.
• It was not induced by threat, coercion, or promise, nor made under police custody.
• Therefore, the contents of the letter are admissible as evidence, subject to proof of authenticity and proper chain of custody.

Possible Judgement

The Court is likely to hold that:

1. The letter written by ‘X’ is admissible as evidence under Sections 24, 25, and 27 of the Indian Evidence Act, 1872.
2. Since the letter was voluntarily written and left for discovery, it constitutes a relevant confession or admission.
3. The prosecution must prove authenticity of the letter and the fact that it was indeed written by the accused.
4. The letter can be used to corroborate other evidence in the murder trial.

Final Conclusion

Yes, the confessional letter written by ‘X’ and recovered near the dead body is admissible as evidence. It is treated as a voluntary confession or admission, and the court may rely on it to establish guilt, provided authenticity and voluntariness are satisfactorily proved under the Indian Evidence Act, 1872.

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