A Glance at the ‘Confession’ under Indian Evidence Act, 1872

Abstract

The concept of confession under the Indian Evidence Act, 1872 holds significant importance in the legal landscape, drawing from historical roots in ancient civilizations such as Greece, Rome, and India's Manusmriti. Although not explicitly defined, Lord Atkin's formulation has been widely accepted, characterizing confession as a specific type of admission pertaining to facts constituting an offense. Confessions can be categorized as judicial or extra-judicial, with the former carrying greater evidentiary weight. However, the credibility of a confession diminishes if retracted or withdrawn. The voluntary nature of confession is fundamental, necessitating that it be made without coercion, inducement, or threats. Sections 24, 28, and 29 outline the circumstances of relevance for confessions, while sections 25, 26, and 27 delineate rules regarding confessions made to police officers. Section 31
addresses the admissibility of confessions made by one accused against another. Moreover, the distinction between admission and confession, as well as between judicial and extra-judicial confession, is elucidated. Understanding the nuances of confession within the legal framework is essential for ensuring fair and just adjudication.