Meaning and Legal Basis
An extra-judicial confession is a confession made by an accused outside the court and not before a magistrate. It may be made to a friend, relative, village elder, or any private person. Under Sections 24 to 30 of the Indian Evidence Act, 1872, a confession is admissible only if it is voluntary and free from threat, inducement, or promise. Extra-judicial confessions are considered weaker evidence compared to judicial confessions because they are not recorded with legal safeguards. Still, courts accept them if they are clear, truthful, voluntary, and made to a trustworthy witness.
Evidentiary Value and Conditions
Courts treat extra-judicial confessions as corroborative evidence, meaning they usually require additional support. The Supreme Court has held that an extra-judicial confession can form the basis of conviction only when it is voluntary, credible, and inspires confidence. The person receiving the confession must be a neutral and reliable witness, capable of recounting it accurately. Confession made to a police officer is inadmissible under Section 25, and any confession made in police custody is inadmissible unless made in the presence of a magistrate (Section 26). Thus, reliability of the witness and absence of coercion are crucial factors.
Judicial Approach
Courts are cautious in relying solely on extra-judicial confessions because of the risk of misunderstanding, exaggeration, or manipulation. However, when the confession is consistent with the prosecution story, is made voluntarily, and is supported by circumstances such as recovery of weapons or material objects, courts have upheld convictions based on it. The evidentiary weight increases if the confession leads to discovery of new facts under Section 27. Ultimately, the court evaluates whether the confession appears natural, truthful, and coherent with the chain of evidence.
Real-Time Example
After committing a murder during a heated quarrel, the accused panics and goes to his close friend. He says, “I lost control and stabbed him. I didn’t mean to kill him.” The friend later gives a statement before the court. Since the confession was made to a private person and was voluntary, it is considered an extra-judicial confession. If supported by recovery of the knife from the place the accused mentioned, the court may rely on it along with other circumstances.
Mnemonic to Remember
Mnemonic: “E-X-T-R-A”
- E – Expressed outside court
- X – eXcluded if made to police (S.25–26)
- T – Trustworthy witness needed
- R – Requires corroboration
- A – Admission must be voluntary
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