In the law of criminal evidence, a confession is a statement made by a person accused of any offence, which is adverse to that person. Confession is a type of admission. Black’s Law Dictionary defines a confession in more narrow terms, as “a statement admitting or acknowledging all facts necessary for conviction of a crime,” which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offence. Here is everything that you might like to know about the law relating to confession:
- A confession must either admit the offence committed or the substantial facts which constitute the offence. Any statement short of this will not amount to confession even if by that, some inference of implication of the commission of crime by the accused may be drawn.
- A confession maybe judicial or extrajudicial in nature. A judicial confession is that which is made before the Judicial or Metropolitan Magistrate in course of legal proceedings. A confession which is neither made to a Magistrate nor in the course of legal proceedings is an extrajudicial confession. Example- confessions made to doctor, family member, friend, or even a total stranger. A confession made to a Magistrate in private capacity is also an example of an extrajudicial confession. Both confessions are admissible, though, value of judicial confession is higher than that of extrajudicial confession.
- There is, however, an exception in which an extrajudicial confession is considered to be inadmissible. A confession made before a police officer while being in his custody, is inadmissible as evidence.
- Confession may be oral or documentary. When confession is made verbally to someone, it is oral confession and when it is made in writing, it is documentary. Both confessions are admissible, though documentary evidence is considered the best evidence.
- The Magistrate while recording the confession must explain to the person that-
- He/she is not bound to make a confession.
- If he/she does so then it can be used as evidence against him/her.
- The accused can confess in any language that he/she knows or wishes to use.
- An interpreter must be present if the Magistrate is not familiar with the language of the accused.
- A warning must be given to the accused regarding the above mentioned facts and such warning must be recorded in the memorandum of the confession.
- The recording Magistrate must have reason to believe that the accused is making the confession voluntarily and not under any compulsion, otherwise no confession can be recorded.
- A confession cannot be recorded by administering an oath to the accused since, giving oath to the accused would itself amount to a concealed threat.
- The recorded confession must be read out to the accused and interpreted, if required.
- The accused must be given time to reflect upon his confession. Also, it must be ensured that he has not been subjected to maltreatment or torture before the confession is recorded.
- The confession must be signed by the accused.
- Confession of a co-accused can only be taken to corroborate other evidences and cannot be the sole basis of conviction of the accused.