Meaning and Importance of Confession in Criminal Trials
Confession is one of the most important forms of evidence in criminal law because it directly acknowledges guilt. However, due to the possibility of coercion, influence, or police pressure, the law treats confessions with great caution. The Indian Evidence Act, 1872, particularly Sections 24 to 30, deals with the definition, scope, and admissibility of confessions. Courts have repeatedly emphasized that confession must be voluntary, truthful, and free from any threat, promise, or inducement before it can be used as evidence. Additionally, unlike admissions in civil cases, confessions in criminal cases carry higher scrutiny due to their direct impact on personal liberty. Understanding when a confession can be used not only against the maker but also against a co-accused is crucial for examining the fairness of criminal trials.
Definition and Nature of Confession (Sections 24–30 Evidence Act)
Though the Evidence Act does not expressly define “confession,” the accepted judicial definition comes from Pakala Narayana Swami v. Emperor (1939), where the Privy Council stated that a confession is “a statement made by an accused person admitting the guilt of the offence.” This means a confession must directly admit guilt and not merely state suspicious or incriminating facts.
According to Section 24, a confession is irrelevant if caused by threat, inducement, or promise from a person in authority. Similarly, Sections 25 and 26 make confessions to police officers or confessions made while in police custody inadmissible unless made before a Magistrate. On the other hand, Section 164 CrPC provides a procedure for voluntary judicial confessions recorded by a Magistrate. Confessions, therefore, must be voluntary, truthful, and given without pressure. Only then can they be admitted as evidence against the accused.
Confession of One Accused and Its Use Against Co-Accused (Section 30)
While a confession is typically used only against the person who makes it, Section 30 of the Evidence Act creates an exception. It states that when more accused than one are jointly tried for the same offence, and one of them makes a confession affecting himself and others, the court may take that confession into consideration against the co-accused as well. However, this provision is treated with extreme caution and is regarded as a weak type of evidence.
For a confession to be used against a co-accused, the following conditions must be satisfied:
1. Joint Trial is Mandatory
The accused persons must be jointly tried for the same offence. If they are tried separately, the confession cannot be used against the other accused.
2. Confession Must Implicate Both the Maker and the Co-Accused
The statement must not only confess personal guilt but also refer to the involvement of the co-accused.
3. Confession is NOT Substantive Evidence
Courts have repeatedly held that a confession of a co-accused can only corroborate other evidence, not replace it. In Kashmira Singh v. State of MP (1952), the Supreme Court clarified that such confession is a weak type of evidence and cannot be the sole basis of conviction.
4. Judicial Confession Carry More Weight
A judicial confession (made before a Magistrate under Section 164 CrPC) has more reliability than an extra-judicial confession, but still, it cannot alone convict a co-accused.
Thus, Section 30 enables a narrow, cautious use of a confession against multiple accused persons but only when strict legal conditions are met.
Judicial Interpretation and Safeguards
Courts interpret Section 30 strictly to avoid misuse. The Supreme Court in Haricharan Kurmi v. State of Bihar (1964) held that a confession of a co-accused is not “evidence” under Section 3 of the Evidence Act, and therefore cannot be the sole basis of conviction. It may be considered only for assurance or support to other independent evidence.
Similarly, in State (NCT of Delhi) v. Navjot Sandhu (2005), it was held that the confession of one accused under special statutes like TADA or POTA may have expanded admissibility, but still requires judicial caution. Thus, while confessions help prosecutors in uncovering truth, courts ensure that they are reliable, voluntary, and corroborated.
Practical Example
Suppose A, B, and C are jointly tried for a bank robbery. During interrogation, A gives a judicial confession before the Magistrate stating that he, along with B and C, executed the plan.
- A’s confession is clearly admissible against himself.
- Under Section 30, the court may consider this confession against B and C, but only to corroborate other independent evidence, such as CCTV footage, recovery of stolen money, or eyewitness testimonies.
- If no independent evidence exists against B or C, the court cannot convict them solely based on A’s confession.
This example demonstrates that the confession of one accused may assist the prosecution but cannot be the foundation of conviction of a co-accused without external support.
Mnemonic to Remember When Confession of One Accused Can Be Used Against Others
Mnemonic: “JIC–C” (Joint trial – Implicates all – Corroboration required – Court’s discretion)
- J – Joint Trial: Accused must be tried together.
- I – Implicates All: Confession must name/co-involve other accused.
- C – Corroboration Required: Cannot convict co-accused without separate evidence.
- C – Court’s Discretion: Court may consider; not mandatory.
Remember: A co-accused confession is like a “supporting witness”—never the hero, always the helper.
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