When The Innocent Say “I Did It”: False Confessions, Police Interrogation, And India’s Missing Safeguards
Shubhangi Singh, Genesis Global School, Noida
ABSTRACT
Confessions are often regarded as among the most compelling forms of evidence in criminal proceedings. Yet, extensive research in legal psychology reveals a more complex reality: innocent individuals can and do confess to crimes they did not commit. Factors such as fear, stress, exhaustion, suggestibility, and the authoritative atmosphere of police interrogation can induce false admissions. Such pressures disproportionately affect juveniles and adults with mental health conditions or intellectual disabilities. This paper critically examines whether India’s legal framework effectively protects such vulnerable individuals during police questioning. It analyses constitutional safeguards under Articles 20(3), 21, and 22; the provisions on confessions in the Bharatiya Sakshya Adhiniyam, 2023; procedures for recording confessions in the Bharatiya Nagarik Suraksha Sanhita, 2023; custodial guidelines established in D.K. Basu v. State of West Bengal; and the specific protections of the Juvenile Justice (Care and Protection of Children) Act, 2015. The paper argues that, while India’s legal protections appear robust in theory, they primarily function as “courtroom” safeguards preventing the admissibility of coerced confessions, rather than directly regulating police practices during interrogation. Drawing on official custodial crime statistics and two Law Commission of India reports, the analysis demonstrates that this approach leaves the psychological roots of false confessions largely unaddressed. Furthermore, even the 2024 legislative reforms, which modernise the formalities of confession recording, do not fully close this gap. The paper concludes by proposing “front-end” measures: mandatory audio-visual recording of interrogations, guaranteed access to legal counsel, and adoption of an “appropriate adult” model to support vulnerable suspects.
Keywords: false confessions; police interrogation; right against self- incrimination; juvenile justice; custodial safeguards; Bharatiya Sakshya Adhiniyam; legal psychology.
