Week 9: Confession

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding:

A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.  

 

Confession to police officer not to be proved:

No confession made to a police officer shall be proved as against a person accused of any offence.  

 

Confession by accused while in custody of police not to be proved against him:

Subject to Article 10, no confession made by any person whilst he is in the custody of a  police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against person.  
Explanation:

In this Article, "Magistrate" does not include the head of a village discharging magisterial function unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).  

 

How much of information received from accused may be proved:

When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.  

 

Confession made after removal of impression caused by inducement, threat or promise, relevant: such a confession as is referred to in Article 37 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.  

 

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.:

If such confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to Questions when he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him :             .  
Provided that the provisions of this Article shall not apply to the trial of cases under the laws relating to the enforcement of Hudood.  
 

Consideration of proved confession affecting person making it and others jointly under trial for same offence:

When more persons than one are being tried jointly for the same offence and a confession made by one of such persons is proved,-  
(a) such confession shall be proof against the person , making it and;  
(b) the Court may take into consideration such confession as circumstantial evidence against such other person.  
Explanation: "Offence'” as used in this Article, includes the abetment of or attempt to commit the offence.  

 

Accused persons to be liable to cross-examination:

All accused persons, including an accomplice, shall be liable to cross-examination.    
Illustrations          
(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered C". The Court may consider the effect of this confession against B.  
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said: "A and I murdered C".  
This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.  
 

Admission not conclusive proof but may estop:

Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

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