‘X’ who was charged for committing murder of his wife, wrote a confessional letter and left the letter nearby the dead body with the intention of being seen by the police officer. Are the contents of the letter relevant as evidence against ‘X’? Decide by referring to the provision of the Evidence Act.

Facts of the Case

‘X’ is accused of murdering his wife. After the death of his wife, a handwritten confessional letter was found near the dead body. The letter contained an admission by ‘X’ that he had committed the murder. Evidence suggests that ‘X’ intentionally left the letter near the corpse with the clear intention that it be discovered by the police during investigation.

The prosecution seeks to rely upon the contents of this letter as evidence against ‘X’, while the defence challenges its admissibility and relevance under the Indian Evidence Act, 1872, contending that it is a confession and hence inadmissible or unreliable.

Issues in the Case

1. Whether the confessional letter written by ‘X’ amounts to a “confession” under the Indian Evidence Act, 1872?
2. Whether such a confession, not made to a police officer or in police custody, is relevant and admissible in evidence?
3. Under which provisions of the Indian Evidence Act can the contents of the letter be considered against ‘X’?
4. What is the evidentiary value of such an extra-judicial confession?

Legal Principles Covered to Support Case Proceedings and Judgment

A. Confession and Admission – Sections 17 & 21

Under Section 17, a confession is a species of admission.
Under Section 21, admissions are relevant and may be proved against the person who makes them. The letter clearly contains an admission of guilt and hence qualifies as an admission.

B. Confession Not Made to Police – Sections 24, 25 & 26

• Section 25 bars confessions made to a police officer.
• Section 26 bars confessions made while in police custody.

In the present case, the letter was not written to a police officer, nor was it made while ‘X’ was in custody. Hence, Sections 25 and 26 do not apply, and the confession is not barred.

Further, under Section 24, a confession becomes irrelevant only if it is caused by inducement, threat, or promise. Since the letter was written voluntarily by ‘X’, Section 24 does not invalidate it.

C. Extra-Judicial Confession – Admissibility

A confession made outside court and not before police is known as an extra-judicial confession.

The Supreme Court in State of U.P. v. M.K. Anthony held that:

An extra-judicial confession is admissible if it is voluntary, truthful, and inspires confidence.

Similarly, in Sahadevan v. State of Tamil Nadu, the Court ruled that:

• Extra-judicial confessions are a weak type of evidence,
• But can form the basis of conviction if corroborated.

Thus, the letter qualifies as an extra-judicial confession and is relevant under Section 21.

D. Conduct of the Accused – Section 8

Under Section 8, the conduct of an accused before or after the occurrence of the offence is relevant.

Writing a confession and deliberately placing it near the dead body constitutes subsequent conduct showing:

• Consciousness of guilt
• Preparation to disclose involvement

Hence, even independent of being a confession, the letter is relevant as conduct evidence.

E. Proof of Authorship – Sections 67 & 45

Before relying upon the letter, the prosecution must prove that:

• The letter was written by ‘X’ (Section 67), and
• Handwriting may be proved through expert opinion (Section 45).

Possible Judgment

The Court is likely to hold that:

1. The confessional letter written by ‘X’ is not barred under Sections 25 or 26 of the Indian Evidence Act, as it was not made to a police officer nor while in custody.
2. The letter constitutes a voluntary extra-judicial confession, and is relevant under Section 21 as an admission made by the accused against himself.
3. The act of writing and leaving the letter near the dead body is relevant conduct under Section 8, showing a clear nexus with the crime.
4. Provided the prosecution proves the handwriting and voluntariness of the letter and supplies corroborative evidence, the contents of the letter are relevant and admissible and may be safely relied upon.

Final Decision

Yes, the contents of the confessional letter are relevant as evidence against ‘X’ under the Indian Evidence Act, 1872, subject to proof of authorship and corroboration.

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