confession
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This article is written by Shruti Singh, a student Lloyd Law College, Greater Noida. In this article, she discusses about confession, different types of confession and also different type of evidence. 

Introduction

Confession

The term Confession is defined in Section 25 of the Indian Evidence Act. It says that no person has to confess his offence in front of the police. 

Importance of confession

Confession is an important form of evidence and it is used to prove a case in a court of law. Based on documents of things we collect during the evidence is not helpful to prove the case with. It is not always feasible or adequate to base a case only on documentary evidence collected. This is where confession comes as a vital form of evidence. The importance of confession is defined in the case of Palvinder Kaur vs The State Of Punjab.

What is Evidence?

Evidence is the part of the investigation which is used to prove the case. During the investigation when police officials find something related to the incident that is considered as a piece of evidence. Evidence has many forms like a confession. Evidence is not about believing, it’s about reliability on a fact that is true, that the court of law can consider it admissible. Evidence in layman language means a fact, belief or proposition that can be said to be true and which can prove the existence of something in a court of law. If anyone is confessing about the incident he or she has to prove his or her confession in a court of law. 

Case laws

Palvinder Kaur vs The State Of Punjab

Facts:

The poison name Potassium Cyanide is given to Jaspal Singh by the Mahinder Pal. It is found that Mahinder Pal, is the accused, who has given poison to Jaspal Singh and had dumped him in the large trunk and kept it in the room in the house of Ambala City. Then the writ petition has been filed by the father of Jaspal Singh. Palvinder Kaur, the wife of Jaspal Singh convicted for the murder and sentenced for the transportation of life. 

Judgment of the case:

Supreme court has given the judgment stating that when any person takes admission in the confession to confess the crime must admit the crime with all the facts which is relevant to this case which constitute the crime. If any statement contains an exculpatory sentence that statement is not considered as evidence. 

Nishi Kant Jha vs The State Of Bihar

Facts:

The appellant was traveling on the train and then he noticed that one boy is washing blood-stained clothes and bathing in the river. Because of some misconception, the appellant was charged for the murder of a fellow student in a railway compartment. In the statement, he admitted that he is present at the scene of the murder but stated that he was trying to prevent the crime. Someone else has committed the crime, he was injured by the knife when he is trying to prevent the crime. 

Judgment of the case:

The Supreme Court held that if any statement is made and not proved that the statement is not valid will be rejected by a court of law.

Evidence Act under Indian law

Section 30 in The Indian Evidence Act, 1872

Section 30 of the evidence act says that the confession which is already proved in a court of law can affect the person or affect another person also who are involved in the case. If the confession is made for both the person who is involved in the case but the statement is given by only one person then the person who confesses will be taken by a court of law. 

Tried jointly

This is an underlying principle of Confession.

The following persons may be charged and tried together, namely:

  1. Persons who are accused of the same offense committed in the course of the same transaction. 
  2. Persons accused of an offense or accused of abetment, or attempt to commit such offense.
  3. When people are accused of more than one offense of the same kind, within the meaning of Section 219 of tried jointly committed by them jointly within twelve months. 
  4. Persons accused of different offenses committed in the course of the same transaction.
  5. Persons accused of an offense which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offense committed by the first-named persons, or of abetment of or attempting to commit any such last-named offense. 
  6. Persons accused of offenses under sections 411 and 414 of the Indian Penal Code IPC 410, 411, 412, 413, 414 Indian Penal Code | Stolen Property.
  7. Or either accused in respect of stolen property the possession of which has been transferred by one offense.
  8. Persons accused of any offenses under the Indian Penal Code relating to counterfeit coin or persons accused of any other offense relating to the same coin, or of abetment or of attempting to commit any such offense and the provisions contained in the former part. So far as may be, apply to all such charges.

May take into consideration 

Consideration of proved confession affecting person making it and others jointly under trial for some offense.

When more persons are accused than one are being tried jointly for the same offense, and a confession made by one of such persons are affected by himself and some other of such persons is proved, the Court may take into consideration such confession as against such person as well as against the person making such confession.

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Evidentiary value of confession 

A confession when proved and declared relevant it is called an evidentiary value of confession.

Evident must be proven in court in front of judges during court hearings. Evident must be proof in written as well as oral. The confession of the victim and accused is the most valuable in court. 

What is its evidentiary value? 

No hard and fast rule can be laid down.

It is the duty and responsibility of the judge to determine the confession of the accused and victim and even confession of the family members as well as friends and the other persons who are involved in the case. It is easy to determine the evidentiary value of a confession. When confession of the accused is taken forcefully or taken in a wrong, it creates a problem with the exculpatory portions. Statement some inculpatory portions that can be relied upon by the court along with other evidence. 

Admissibility

Section 136 in The Indian Evidence Act, 1872

Admissibility is also the form of evidence which is accepted in a court of law. The evidence must be relevant for the acceptance in a court of law. It must have some relevance to prove the case in court. The fact must be certain but at least it must tend to increase and decrease the fact. The person who finds the facts must determine the weight to give a particular piece of evidence. A given piece of evidence is considered material if it is offered to prove the fact that is in dispute in a case. Evidence is considered competent if it complies with certain traditional notions of reliability. Courts are gradually diminishing the competency rules of evidence by making them issues related to the weight of evidence.

Relevancy

Relevancy of Facts – Section 5-16 of Evidence Act

The evidence which holds the value in a court of law or proves the case in the court that holds relevancy. The fact which is legal that is only accepted in a court of law. Confession is the most relevant form of evidence in a court of law. 

Case laws

Pravin vs Ghanshyam

Facts of the case:

The petitioner has filed the petition on 12.07.2017 under article 65 of the evidence act which gets rejected. The petitioner has filed the suit for declaration and permanent injunction concerning the land. The L.T.Sitaram has owned land which expires on 29.08.2013. According to the Petitioner, he made a will on 29.05.2003 in favor of LTE.Sitaram. So according to the will, after the death of Sitaram, the petitioner becomes the owner of the land and also agreed to sell his land to Parasram and Prakash. The agreement is done on 04.09.2013. The plaintiff is still in the possession of the land and then also the respondent tries to destroy the crops of the land of the petitioner.

Judgment of the case:

The court ordered to prove the document which the petitioner makes that document by making a photocopy of the document and presented in a court of law. The photocopy of the document court has rejected the application of the petitioner.

Oral confession

Oral confession means the confession is taken orally or partly written. This is the fact which reduced the writing. The defendant oral confession is taken in the court during the hearing. But the victim’s oral confession is more valuable in court during the hearing. Oral confession cannot be denied. Once the oral statement is taken by the victim, it can’t be changed. Because in written statement people may make false documents and can show in court. But during the oral confession statement get proved in the court by the lawyers. There are some rules for taking oral confession. If during the confession police official or anyone tries to torture or force the victim to confess the wrong statement then he or she can file a PIL against the police officials. There is a case explaining oral confession. 

Case laws

State Of Uttar Pradesh vs Singhara Singh And Others

Facts of the case:

As per the law, any person who is not in the post of police-oficer and if we recorded any statement or confession and tried to torture or harash the accused then he will be inquired and put into the trial case. His record will not be taken as a record and could not be put in evidence to prove the confession. Singhara Singh, Bir Singh, and Tega Singh were prosecuted for the murder of the shopkeeper Raja Ram. 

Judgment of the case:

The additional sessions court judge of Bijnor has convicted Singhara Singh for the murder under the Indian Penal Code and sentenced him to death. 

Confession should affect the maker as well as co-accused

When a victim has to confess her incident in front of the whole community, this affects the victim’s image in front of the whole community. She has to face every bad circumstance in every point of her life. She loses the support from everyone. If any offence is committed than only one person has to face all the trials. He tried jointly in the court. The confession of one person affects himself and some other of such persons is proved. The court takes the confession against the one person or the other person. But the confession of the co-accused is undoubtedly and admissible in court. The court cannot start the confession of the co-accused. If there is substantial evidence then the only confession is taken into consideration to set the doubt at rest. 

Statement of the victim

Section 164 CrPC

When a statement is given by the victim related to the incident to the police, it is called a statement of Victim. The statement of the victim is defined in section 164 of CrPC. Victim statement has relevance in a court of law. It gives an opportunity to the victim to speak up in front of the whole community so that no one can make a bad statement about the victim. 

Surinder Kumar Khanna vs Intelligence Officer

According to the prosecution:

On the specific information, police officials notice that the narcotic drugs were going to be transported from Jammu to Chandigarh via Hoshiarpur with the white colour Indica. The officers of Directorate of Revenue Intelligence laid pocket at toll barrier at Hoshiarpur road.

Judgment of the case:

The High Court of Punjab and Haryana held that the offences which are held by the appellant are punishable under Section 21(c) which is read under Section 29 of the Narcotic Drugs and Psychotropic Act, 1985.

Conclusion

Confession is an important form of evidence which is used for proving the case in a court of law.  Based on documents of things we collect during the evidence is not helpful to prove the case with. It is not always feasible or adequate to base a case only on documentary evidence collected. This is where confession comes as a vital form of evidence. There are other forms of evidence which are used to prove the case but confession is the most valuable form of evidence which cannot be rejected in the court of law.   

 

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