Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Confession

Friday, November 14, 2008

Confession — Confessions may be divided into two classes i.e. judicial and extra-judicial — Judicial confessions are those which are made before a Magistrate or a court in the course of judicial proceedings — Extra-judicial confessions are those which are made by the party elsewhere than before a Magistrate or court — Extra-judicial confessions are generally those that are made by a party to or before a private individual which includes even a judicial officer in his private capacity — It also includes a Magistrate who is not especially empowered to record confessions under Section 164 of the Code of Criminal Procedure,1973 (for short the `Code') or a Magistrate so empowered but receiving the confession at a stage when Section 164 of the Code does not apply.


Confession — Extra-judicial — An accused, held, can be convicted on the basis of reliable extra-judicial confession — Such a confession can be relied upon and conviction can be founded thereon if the evidence about the confession comes from the mouth of witnesses who appear to be unbiased, not even remotely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive of attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it.


Confession — Extra-judicial — Held, an extra-judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the court — The confession will have to be proved like any other fact.


Confession — Extra-judicial — It is not open to any court to start with a presumption that extra-judicial confession is a weak type of evidence.

Thursday, December 13, 2007

Confession — A confessional statement, as is well known, is admissible in evidence — It is a relevant fact — The Court may rely thereupon if it is voluntarily given — It may also form the basis of the conviction, wherefor the Court may only have to satisfy itself in regard to voluntariness and truthfulness thereof and in given cases, some corroboration thereof.


Confession — A confession which is not retracted even at a later stage of the trial and even accepted by the accused in his examination under Section 313 of the Cr.P.C., held, can be fully relied upon.

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