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The Role Of Confessions In Criminal Investigations: Judicial Oversight And Police




Priya Mittal, Bathinda College of Law


ABSTRACT


That balance is at the heart of this law-related study, which investigates particularly the influence that such confessions can have on criminal investigations. Confessions are seen as one of the most potent forms of proof, able to connect a charged individual directly with a crime and help reveal defendant details like motive, method and accomplices. But their evidentiary value is largely contingent upon how they are obtained and documented. It explores the law regarding confessions under India, especially with respect to Bharatiya Sakshya Adhiniyam and the Bharatiya Nagarik Suraksha Sanhita. It highlights that confessions made with the police officer are usually inadmissible while those recorded before a magistrate are deemed admissible, if they are voluntarily taken without any coercion. The paper discusses the role of police authorities in securing confessions and the risks involved such as a misuse of authority including custodial torture and forced confessions. The study ends by asserting that confessions are important investigative tools, but their reliability can only be achieved through continued adherence to legal safeguards, accountability for the police authorities involved in such investigations and adequate judicial oversight to protect justice and prevent miscarriages of justice.


Keywords: Confessions, Criminal Investigation, Judicial Oversight, Police Accountability, Voluntariness, Admissibility of Evidence, Custodial Torture, Fundamental Rights, Bharatiya Sakshya Adhiniyam, Bharatiya Nagarik Suraksha Sanhita.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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