For these reasons, it could be said beyond doubt, that the statement Ex. Admission must be taken as a whole and cannot be split up and use part of if against person making it. Except in cases in which the possession or concealment of an object constitutes the gist of the offence charged, it can seldom happen that information relating to the discovery of a fact forms the foundation of the prosecution case. State of Bihar, it is the discovery and the seizure of articles used in wrapping the dead body and the pieces of Sari belonging to the deceased was made at the instance of one accused. Requirements Under The Section- the conditions necessary for the application of section 27 are: 1. However, a confession obtained by mere trickery does not carry much weight. The test for determining whether such a person is a police-officer would be whether the powers of a police-officer which are conferred on him, or which are exercisable by him because he is deemed to be an officer in charge of a police station, establish a direct or substantial relationship with the prohibition enacted by S.
A similar opinion was also expressed by Chandavarkar J. This should be included in substantive law, irrespective of the fact that it exists in procedural law. Proof of judicial confession-Under section 80 of Evidence Act a confession recorded by the magistrate according to law shall be presumed to be genuine. Section 26 of the Evidence Act- Confession by accused while in custody of police not to be proved against him: 'No confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against such person. The section gives discretion to the court to find out whether the circumstances were such wherein either of the party to the proceeding or both of them intended to exclude the admission to be proved. It may even consist of conversation to oneself, which may be produced in evidence if overheard by another.
The confession includes not only the admission of the offence but all other admissions of incriminating facts related to the offence contained in the confessional statement. Such a confession must be proved by an independent or satisfactory evidence. He also fell down and died. Every confession is an admission but every admission in a criminal case is not a confession. If in his opinion the accused is proved to have committed the offence, he submits a report to a magistrate having jurisdiction in the matter. Extra-judicial confessions have to received with great caution and care and when the foundation of the conviction is the confession alleged to have been made by the accused there are three things which the prosecution must establish.
State of Orissa, 1992 Cri. For example, under the Territorists and Disruptive Activities prevention Act, 1987, S15 confessional statements were not excluded from evidence on grounds that the persons making them were in police custody. The law is mainly based upon the firm work by Sir , who could be called the founding father of this comprehensive piece of legislation. In criminal cases a statement by accused, not amounting to confession but giving rise to inference that the accused might have committed the crime is his admission. It may even consist of conversation to oneself, which may be produced in evidence if overheard by another. But a confessional first information report to a police officer cannot be used against the accused in view of Section 25 of the Evidence Act. Confession made in police custody — not admissible under Section 26.
The contention is that this statement was obtained under compulsion of law inasmuch as he was required to state the truth under threat of prosecution for perjury. It is not necessary that each and every circumstance mentioned in the confession is separately and independently corroborated. Sections 24-26 are the general prohibited sections where as section 27 is created as an exception to the general prohibition. For the purposes of the case, we shall assume that the appellant was constructively in police custody and therefore the information contained in the first information report leading to the discovery of the dead bodies and the tangi is admissible in evidence. This kind of contradiction discredits his case. The concept of confession which existed since time immemorial needs serious help. In terms of the act, a relevant statement made in a civil case is an admission and an admission made in a criminal case is a confession.
Sec 58 of The Indian Evidence Act, 1872 qualifies the above mentioned principle by saying in the proviso that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admission. The law considers confessions, which are not made freely, as false. Judicial confessions are those which are made to a judicial magistrate under section 164 of Cr. The statement did not refer to the persons who were involved in the murder, nor did the maker of the statement refer to himself. There is no definite law that a retracted confession cannot be the basis of the conviction but it has been laid down as a rule of practice and prudence not to rely on retracted confession unless corroborated.
Forms of confession A confession may occur in many forms. Thus, this provision should be amended in such a manner which would make confession due to a valid and legal inducement or promise legal, but confession due to threat and violence illegal and irrelevant. October 2013 The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Section 29 assumes that there is no bar to the admissibility of the confession in question arising from any of the earlier provision, viz, section 24 to 26 and it then proceeds to the invalidate or negative other positive objections or bars that may be raised against the admissibility. When a judicial confession is found to be not voluntary and more so when it is retracted, in the absence of other reliable evidence, the conviction cannot be based on such retracted judicial confession.
It is opposed to the principle of jurisprudence to use a statement against a person without giving him the opportunity to cross examine the person making the statement. The difference between Admissions and Confessions, although a distinct one, has been always in vogue in the lounge of law students. Readers need to recheck the validity and accuracy of the content from their own independent sources before using any information on the website in what so ever manner. The crucial test is whether at the time when a person makes a confession he is a free man or hid movements are controlled by the police by themselves or through some other agency employed by them for the purpose of securing such confession. It may be made to any person or to police during investigation of an offence. Proof of admissions against persons making them, and by or on their behalf Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:- 1 An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32. Explanation — Nothing in this section shall be taken to exempt any barrister, pleader attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.