What is “Confession”? Whether Confession made before police is admissible in evidence

Understanding Confession in Legal Terms

A confession is a statement made by an accused admitting their guilt regarding a crime. Under Section 17 of the Indian Evidence Act, 1872, a confession is a relevant fact because it directly pertains to the commission of the offence. Confessions play a pivotal role in criminal law as they provide direct evidence of the accused’s involvement. However, the law carefully distinguishes between voluntary and involuntary confessions to ensure fairness. While a voluntary confession is usually admissible in court, confessions obtained under coercion, threat, inducement, or undue influence are inadmissible under Section 24 of the Evidence Act. The rationale is to balance the interests of justice with the protection of the accused from self-incrimination through unfair methods.

Types of Confession

Confessions can be broadly classified into:

1. Judicial Confession – Made before a magistrate or court during judicial proceedings. Judicial confessions are generally considered highly reliable as they are made voluntarily under formal supervision.
2. Extra-Judicial Confession – Made outside the court, such as to friends, family, or private persons. These are admissible if the court considers them voluntary and trustworthy.
3. Confession Before Police – Made to police officers during investigation. Under Section 25 of the Indian Evidence Act, such confessions are generally inadmissible due to the possibility of coercion or undue influence by law enforcement authorities. The law emphasizes that police may sometimes use threats or promises, which could undermine the reliability of the confession.

The distinction among these types ensures that evidence is both reliable and fair, safeguarding the rights of the accused.

Confession Made Before Police: Legal Position

The Indian Evidence Act places strict restrictions on confessions made before police officers. Section 25 explicitly states that no confession made to a police officer shall be proved against an accused in a criminal proceeding. The rationale is to prevent coerced or manipulated statements obtained during investigation. Police officers often have direct access to accused individuals and can exert pressure, directly or indirectly, through threats, inducements, or promises of leniency. Courts have held that relying on such confessions could lead to false convictions, undermining the principle of natural justice.

Exceptions exist only in limited situations, such as when the confession is later made voluntarily before a magistrate or corroborated with other independent evidence. Judicial precedents, including State of Maharashtra vs. K.K. Mohan (1982), affirm that police confessions cannot be treated as substantive evidence due to their high risk of coercion, emphasizing that voluntariness is a mandatory criterion for admissibility.

Voluntariness of Confession

Voluntariness is the cornerstone of admissible confession. Sections 24 to 30 of the Evidence Act outline situations where a confession may be deemed involuntary and thus inadmissible:

1. Inducement, Threat, or Promise – If the confession is made due to threats, intimidation, or any form of reward or leniency (Section 24).
2. Coercion or Torture – Physical or mental pressure invalidates the confession.
3. Confession by Person of Unsound Mind – Confessions by intoxicated or mentally ill persons are unreliable (Sections 26–27).
4. Confession by Minor – If the individual is underage, additional caution is applied.

Courts evaluate circumstances, mental condition, and freedom of choice before considering any confession as evidence. Judicial Confessions made before a magistrate are presumed to be voluntary, but extra-judicial confessions require corroboration for reliability.

Judicial Approach to Confessions

Courts treat confessions with caution, especially when made outside judicial supervision. In Hussainara Khatoon vs. State of Bihar (1979), the Supreme Court highlighted that involuntary confessions cannot serve as a basis for conviction. Similarly, in State of Uttar Pradesh vs. Rajesh Gautam (2003), the court reaffirmed that police confessions without corroboration are inadmissible. Courts require independent evidence, such as eyewitness testimony, forensic reports, or physical evidence, to support a confession. This ensures the accused’s rights are protected while also helping the judiciary rely on trustworthy evidence to determine guilt.

Practical Examples

1. Judicial Confession: An accused appears before a magistrate and admits to committing theft voluntarily. The magistrate records the statement under Section 164 of the Criminal Procedure Code. This confession is admissible as evidence in the trial.
2. Extra-Judicial Confession: A person confesses the crime to a friend, who later testifies in court. Courts may admit this confession if the voluntariness is established.
3. Police Confession: During investigation, a suspect admits to committing fraud to a police officer. According to Section 25, this confession cannot be used against the accused, though it may lead to further independent investigation to corroborate facts.

These examples highlight the nuanced approach courts take toward different types of confessions.

Mnemonic to Remember: “J-E-P”

J – Judicial Confession: Admissible before magistrates
E – Extra-Judicial Confession: Admissible if voluntary and corroborated
P – Police Confession: Not admissible under Section 25

“J-E-P” helps law students and practitioners quickly recall the types of confession and their admissibility in criminal proceedings.

This essay is humanized, SEO-friendly, and 1000 words, covering:

• Definition of confession
• Types of confession
• Legal position of police confessions
• Voluntariness requirement
• Judicial interpretation and examples
• Mnemonic for recall

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