What
do you mean by Confession? What are the essential of a valid confession? Which
types of Confession are inadmissible under the Evidence Act?
Ans:The term "confession" has not been defined before,
but now, the term "confession" has been defined in the Evidence Act.
As stated earlier, an admission by an accused person is treated as a
confession. All provisions relating to confession are under the heading of
"admission". This demonstrates the relationship between an
"affirmation" and an "admission". The definition of
"admission" is given in Section 17 of the Evidence Act and is also
applicable. Section 17 defines "admission" as a statement oral or
documentary, that is any. Objection to a fact in any issue or relevant fact. If
a person has made a statement in civil proceedings, it will be called
'admission', but if the party has accused the crime, a statement is called
"confession". Act, a person confession is a statement with a crime in
which a conclusion has been made with reference to relevant facts as a matter
or issue. The resolution that should be proposed in this case is that he is
liable for wrongdoing. EVIDENCE's DIGEST OF THE OFALENCE has defined that
"an admission is to recommend an admission at any time by a person stating
a crime or re-induction of that wrongdoing." Confession in this way. The
accused person is a confession of crime. According to Sir Stephen, a man
charged with crimes made any statement at any time before or after his arrest
as an arrest. Under criminal law, confession is the direct sanction of a crime.
The Privy Council, on the other hand, defined the term
confession as "an admission must either be accepted in the period of the
offense, or at any rate all the facts which constitute the offense. He said,
'The declaration made by the accused person There is no confession until its
intention is confessed. Thus confession should be related to the crime.
State
of Haryana v. Rajender Singh
Facts of the case: It was held that the confession should be made by the
accused until his intention to confess would be considered a valid confession.
A statement recorded by the magistrate regarding the attack on the deceased
merely stated that it had happened by mistake and the accused had not admitted
the crime, it was not a confession and could not be used against the accused as
the Supreme Court Confession Justice Thomas stated that "it is a test of
prudence whether a statement recorded by a judicial magistrate under section
164, Cr.PC, is set aside in this sentence." C is to be removed by
dissecting the sentence and then treating something as not detrimental. This
statement should be read in its entirety and only then should the court decide
whether it is an admission of his involvement in the crime. That the result of
that test is definite is a declaration booth at that point, usually not. ”In
this case
the court found that the confession given by the accused
person The statement is free from pressure and can be accepted. As a
confession.
Confession Section 24:
 |
| Confession |
The Essential Elements of a Confession are:- 1. The question asked by the accused person in the statement
is a confession.
2. The accused person should make this confession himself.
3. A peson in possession must be confessed.
4. Temptation, threat or promise.
5. The indictment, threat or promise must relate to the
charge against the accused person.
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