Definition and Legal Basis
A confession is an admission of guilt made by a person accused of an offence, either before a magistrate, police officer, or voluntarily to others. Under Section 17 of the Indian Evidence Act, 1872, a confession is relevant if it is made by a person accused of an offence and can be used as evidence against them. Section 24 and 25 of the Evidence Act govern confessions made under inducement, threat, or promise, making them inadmissible if obtained unfairly. Confessions play a crucial role in criminal trials, as they can simplify proceedings, save judicial time, and sometimes form the main evidence, provided they are made voluntarily and without coercion.
Voluntary and Involuntary Confession
A confession is voluntary if made without any inducement, threat, or promise of advantage from a person in authority. Sections 24–26 of the Evidence Act explicitly declare that confessions obtained by coercion, threat, or promise are inadmissible. Courts examine the circumstances surrounding the confession, including the mental state of the accused, police behavior, and timing. A voluntary confession made before a magistrate under Section 164 CrPC is considered highly reliable. In contrast, confessions made to police officers under Section 25 of the Evidence Act are generally inadmissible, as they may be the result of compulsion or undue influence.
Evidentiary Value
Confessions can be direct evidence of guilt but are treated cautiously. Voluntary confessions before a magistrate or court can lead to conviction if corroborated by other evidence. However, the law provides safeguards to prevent miscarriages of justice, ensuring that involuntary or coerced confessions are excluded. Courts often require corroborative evidence, especially in serious offences, to prevent the accused from being convicted solely on self-incrimination. Judicial practice balances the probative value of confessions with protection against abuse and forced admissions.
Real-Time Example
In a theft case, the accused voluntarily admits to the police that he entered a shop and stole cash. The confession is made without any threat, promise, or inducement. Additionally, CCTV footage corroborates the presence of the accused at the scene. Since the confession was voluntary and supported by other evidence, the court admits it under Section 17 of the Evidence Act. The accused is subsequently convicted based on this confession and corroborative evidence, demonstrating the proper legal procedure for using confessions.
Mnemonic to Remember
Mnemonic: “C-O-N-F-E-S-S”
- C – Court or Magistrate: Confession can be before authority.
- O – Obtained Voluntarily: No threat, inducement, or promise.
- N – Not Coerced: Involuntary confessions are inadmissible.
- F – Facts Admission: Admits to facts constituting offence.
- E – Evidence Value: Direct evidence if corroborated.
- S – Section 17: Governs admissibility.
- S – Safeguards: Sections 24–26 protect accused against coercion.
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