Kalpesh Prashant Mhatre & Shivangi Mundhra, Symbiosis Law School, Nagpur, Symbiosis International Deemed University, Pune
ABSTRACT
The aim of this paper presentation is to provide detailed analysis on the topic confession. Confessions are relevant facts which are recognized under Indian evidence Act, 1872. Sections 24 to 30 of the Indian Evidence Act, 1872 govern the treatment of confessions. Unlike other forms of admittance, confessions are only used in criminal proceedings, and they are also a kind of confession. "All confessions are admissions, but all admissions are not confessions" is a common saying. An extra-judicial confession is one that is given to an administrative officer of the village rather than to an official of the judiciary, and this kind of confession is termed judicial confession, since it is recorded by the magistrate. The aforementioned admission must be made voluntarily and voluntarily. Section 24 of the Indian Evidence Act, 1872, states that a confession given by an accused in a criminal case is immaterial if it is the result of any incentive, threat, or promise. If an accused confesses to a police officer or confesses to anybody else while in custody of a police officer, this legislation prohibits such confession. There is a provision in this statute that allows for a joint trial of all co-accused, subject to specific requirements set out in section 30 of the Act. Taking back the words of confession, i.e., retracting confession, is a violation of the law. The above is the overview of this paper presentation which is discussed under separate topics with relevant case laws mentioned under Indian Evidence Act, 1872.
Keywords: Confession, Evidence, Relevance of confession, Section 24, Section 30, Magistrate, Retracted Confession, Co-accused
