Judicial Dictionary - C
Extra-judicial confession is a weak piece of evidence. If it is lacking in probability, there is no difficulty in rejecting it.
For testing the credibility of extra-judicial confession, the Court will consider
According to section 24 of the Evidence Act, a confession by an accused is irrelevant if it is caused by inducement, threat or promise. A confession is relevant—
Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used only as a corroborative piece of evidence. The rule of prudence does not require that each and every circumstances mentioned in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from the facts and circumstances discovered after the confession was made.
The Court should apply two tests:
Is it voluntary? Is it true? It is the duty of the Court to enquire very carefully into all the circumstances under which confession was made and to ascertain whether it is true and voluntary.
|Created On||June 12, 2014, 7:10 AM|