Is extra-judicial confession admissible?
Is extra-judicial confession admissible?
Extrajudicial confessions of the accused in a criminal case are universally recognized as admissible in evidence against him, based on the presumption that no one would declare anything against himself unless such declarations were true.
What are the requirements for the extra-judicial confession to be admissible?
The Court has consistently held that an extrajudicial confession, to be admissible, must satisfy the following requirements: “(1) the confession must be voluntary; (2) it must be made with the assistance of a competent and independent counsel, preferably of the confessant’s choice; (3) it must be express; and (4) it …
What is the evidentiary value of extra-judicial confession?
_________________ 5 (2012) 6 SCC 403 6 (2012) 11 SCC 768 Criminal Appeal Nos.333-334 of 2017 Page 13 of 16 Page 14 laid down that the extra-judicial confession is a weak evidence by itself and it has to be examined by the court with greater care and caution; that it should be made voluntarily and should be truthful; …
What is the difference between judicial confession and extra-judicial confession?
Judicial confession is a confession made in a legal proceeding. Judicial confession is made before a committing magistrate or in a court in the due course of legal proceedings. Extrajudicial confession means an admission made in proceedings outside court.
What is extra-judicial confession?
Extrajudicial Confession is a confession made out of court, and not as a part of a judicial examination or investigation. Such a confession must be corroborated by some other proof of the corpus delicti, or else it is insufficient to warrant a conviction.
What is meant by extra-judicial?
done without the permission of or without using the official legal system : not done in a court of law: They agreed on an extrajudicial settlement of the dispute.
Is there any situation under which an extra-judicial confession can be the basis for conviction?
Extra-judicial confession can be accepted and can be the basis of a conviction if it passes the test of credibility. Extra-judicial confession is generally made before private person which includes even judicial officer in his private capacity.
Is confession accepted in the court of law?
A confession is not admissible unless the prosecution satisfactorily shows that it was obtained within the limits imposed by the 1987 Constitution. (3) Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him.
What confession is admissible in evidence?
Under section 25 of the Indian Evidence Act, a confession to a Police officer is inadmissible in evidence, and hence when an accused person confesses during the Police investigation the Police frequently get it record by a Magistrate under section 164 Criminal Procedure Code, and it can then be used to the extent to …
Is confession considered evidence?
A confessional statement made by the accused before a magistrate is a good evidence and accused be convicted on the basis of it. A confession can obviously be used against the maker of it and is in itself sufficient to support his conviction.
What do you mean by extra-judicial confession?
An extra-judicial confession has been defined to mean “ a free and voluntary confession of guilt by a person accused of a crime in the course of conversation with persons other than judge or magistrate seized of the charge against himself.
What is the meaning of judicial confession?
Confession, in criminal law, a statement in which a person acknowledges that he is guilty of committing one or more crimes. Related Topics: Evidence Admission. The term confession has been variously defined in the context of contemporary criminal justice.
What is the admissibility of an extra judicial confession?
Section 24 of the Act provides for the admissibility of an extra-judicial confession made to a person in authority or any person other than the judicial authority or any other person authorized under the Act to take evidence.
How is the authenticity of a judicial confession proved?
The genuineness of a judicial confession recorded by the Magistrate is proved under section 80 of the Indian Evidence Act, 1872. An extra-judicial confession refers to those confessions that are made outside the Court or elsewhere than before the Magistrate.
Can a confession be made outside the court?
The confession can be written or oral and then reduced to writing. The genuineness of a judicial confession recorded by the Magistrate is proved under section 80 of the Indian Evidence Act, 1872. An extra-judicial confession refers to those confessions that are made outside the Court or elsewhere than before the Magistrate.
How is a confession defined in the Evidence Act?
The term confession is not defined anywhere in the Evidence Act. Stephen in his digest of “law of evidence ” defines Confession as an admission made at any time by person charged with a crime stating or suggesting the inference that he committed a crime.
Is extra-judicial confession admissible? Extrajudicial confessions of the accused in a criminal case are universally recognized as admissible in evidence against him, based on the presumption that no one would declare anything against himself unless such declarations were true. What are the requirements for the extra-judicial confession to be admissible? The Court has consistently held…