What is Confession

Confession

What is Confession

1- Introduction

Person Confession is a statement made by charged with crime suggesting an inference as to any fact in issue or as to relevant fact. The inference that statement should suggest that he is guilty of a come. Confession in short. is a admission by accused charged with offence in criminal proceeding

2- Relevant law

Article 37-44 of QSO

Cross Reference

Section 164, 364 of CrPC

3- Definition of Confession

The term confession is not defined in QSO, According to stephen, "Confession as an admission made at any time by person charged with a Crime stating or suggesting the inference that he Committed a crime

4- Kinds of confession

Following are the kinds of Confession

I- Judicial Confession

A judicial confession is that which is made before a magistrate or in a court in due course of judicial proceeding. Judicial confession is relevant and is used as an evidence against the maker provided it is recorded in accordance with provisions of S.164 CrPC

     =》 Admissibility and Evidentiary Value of Judicial confession 

Evidentiary value of judicial confession is the most. However, all judicial acts and official acts may be presumed by law to be regularly performed. The trial courts are Legally bound to presume that a confession has been duly recorded and statements made by magistrate are concerned to circumstances under which Confession is made. So that judicial confession is admissible peace of evidence

II- Extra- judicial Confession

An extra-judicial confession is a confession that is made by the party elsewhere other than magistrate or in a court. It is admissible in evidence, if proved by wilnesses who had heard the speaker's words Constituting the Confession

           =》Admissibility of and evidentiary value of extra judicial confession,

" There is no Statutory direction as to whether an extra-judicial confession can be the Sole basis. of conviction. So, there is no legal bar to Convict an accused based on an extra-judicial confession it it meets the conditions of admissibility-i-e it is voluntary and not before any police officer

III- Retracted Confession

A retracted confession is one which is withdrawn retracted later on by the person making it. Such a confession, if proved to be voluntarily made, can be acted upon along with other evidence in the case. The use of such Confession matter of prudence rather than of law

            =》Rules regarding Retracted Confession

A)- A confession is not to be regarded as voluntarily merely because it is retracted later on

B)- As against maker of confession, the confession retracted may Form basis of conviction if it believe to be true and Voluntary made

C)- The confession of co-accused cannot be treated as Substantive evidence and Can only use when the Court is tend to accept other evidence and Feels the necessary of Seeking an assurance in Support of its conclusion deductible from the Said evidence

=》(1989 PCRLJ 574)

The punishment maybe based upon retracted confession when it is corroborated with other material fact.

IV- Confession against Co-accused

Where more than one persons Commit a crime and one of them makes Confession in a trial then it is called confession against Co-accused. It shall be considered only against person who makes Confession

             =》Evidentiary value of confession against Co-acased

Joinders of the Same crime are not Subject of confession, which is made from one of them. However Such confession is used as circumstantial evidence against rest of accused. 

5- Stage for recording confession

A Confession may be record at any stage, maybe recorded

             =》During investigation by magistrate 

             =》During inquiry or trial it may be recorded by trial court.

6- Inadmissible or Irrelevant Confession

Following are the confession which are not admissible in any court

Confession Does not make voluntarily - U/A 37 I- A Confession made by an accused person is irrelevant in a criminal proceeding, if the making of Confession appears to the court to have be caused by inducement

              =》Threat 

              =》Promise

              =》Gain any advantage or avoid any evil

■ Exception U/A 41

Where in opinion of the court, impression caused by any such inducement, Threat or promise has been fully removed, that confession is relevant

II- Confession to police officer- U/A 38

A Confession made to police officer is not admissible and proved against or person a accused

III- Confession in custody of police. U/A 39

No confession made by any person whilst he is in custody of a police officer shall be proved as against such person unless it be made in immediate presence of a magistrate.

IV- Exception to above mentioned Confession

Article 40 of QSO is exception to article 37, 38,39 of QSO which shows as to how much of information received from accused can be proved. When any fact is deposed to by an accused before the investigating officer and is discovered in consequence of information received from a person accused of any offence, in custody of a police officer, So much of such information whether it amount to confession or not as relating to distinctly to fact there by discovered Can be proved against accused

7- Confession by co-accused. U/A 43

When more persons than one are being tried jointly for the Same offence and a confession made by one of Such persons,

                      =》Such confession shall be proof against Person making it- and

the the Court may take into consideration Such confession as circumstantial evidence offainst Such after parsons.

8- Conclusion

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