Section 24: Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

Section 24: Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him.

COMMENTS

Whether confessional statements is voluntarily made or not is essentially a question of fact – Shankar v. State of Tamil Nadu

Where the confession is made to the police at the time when the person making the confession is under arrest, that he had committed murder, is inadmissible in evidence – Yashpal v. State of UP

In passing a detention order on the basis of an inculpatory statement of a detenue, the detaining authority should consider the subsequent retraction and record its opinion before accepting the inculpatory statement lest the order will be vitiated – K.T.M.S Mohammad v. UOI

There should be cogent evidence on record about the attending circumstances as well as the exact words used by the accused to judge whether the extra-judicial confession was not only true but also voluntary – Shankar v. State of Tamil Nadu

How much important the confession is depends upon the veracity of the witness to whom it is made and the circumstances in which it came to be made and actual words used by the accused – Kishore Chand v. State of UP

It is settled position of law that extra judicial confession, if true and voluntarily, can be relied by the court to convict the accused for commission of the crime alleged. The extra judicial confession which is not obtained by coercion, free from favour or falsehood and is plenary in character and voluntarily in nature can be made the basis for conviction even without corroboration – Guru Singh v. State of Rajasthan

Section 25: Confession to police officer not to be proved

No confession made to a police officer shall be proved as against a person accused of any offence.

Section 26: Confession by accused while in custody of police not to be proved against him

No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such persons.

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