Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Understanding Confession
A confession is "the direct admission of matter or facts of the cases either in the form of a written or oral statement". According to Sir James Stephen, it is defined as "an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed a crime". Essentially, a confession is a statement made by an accused person that suggests or admits their guilt in relation to a criminal offense.
Types of Confessions
Confessions are broadly categorized into two main types: judicial confessions and extra-judicial confessions.
Judicial Confession
A judicial confession, also known as a formal confession, refers to "statements which are made before an office of magistrate or in the court of law during any criminal proceedings". These are confessions made before a magistrate or in court during the due course of judicial proceedings.
Extra-Judicial Confession
An extra-judicial confession is "a confession that is not made in the immediate presence of a Magistrate". It has been defined as "a free and voluntary confession of guilt by a person accused of a crime in the course of conversation with persons other than judge or Magistrate seized of the charge against himself".
Key Differences Between Judicial and Extra-Judicial Confessions
Judicial Confession Extra-Judicial Confession
Made to a judicial magistrate under Section 164 of Cr.P.C. or before the court during proceedings Made to any person other than those authorized by law to take confession, including private individuals
The person to whom confession is made need not be called as witness Proved by calling the person as witness before whom the confession was made
Can be relied as proof of guilt if it appears voluntary and true Alone cannot be relied upon; needs support of other corroborating evidence
A conviction may be based on judicial confession It is unsafe to base conviction solely on extra-judicial confession
Evidentiary Value
Judicial Confessions
Judicial confessions carry strong evidentiary value and "can be relied as proof of guilt against the accused person if it appears to the court to be voluntary and true". They are considered substantial evidence that can form the basis of conviction.
Extra-Judicial Confessions
Extra-judicial confessions have significantly weaker evidentiary value. The Supreme Court has established several principles regarding their admissibility:
Weak Evidence: "Extrajudicial confessions are generally a very weak kind of evidence by itself and the court must examine such statements efficiently"
Voluntariness Required: "Extrajudicial confession should be made by the person's own will and such statements must be true"
Need for Corroboration: "The evidentiary value of extra-judicial confession instantly increases when it is supported by other such evidence"
Credibility Test: "An extrajudicial confession which is voluntary and made in a free state of mind can relied upon. The value of such confession depends like any other evidences on the veracity of the witness to whom it was made"
Supreme Court Guidelines
In Sahadevan v. State of Tamil Nadu, the Supreme Court held that extra-judicial confession can form the basis of conviction on specific conditions:
It should be made voluntarily and truthfully
It should inspire confidence
It should be supported by a chain of cogent circumstances
It should not suffer from material discrepancies
The witness must pass the test of credibility
The court emphasized that "extra judicial confession's value only increases when it is clearly consistent and convincing to the conclusion of the case otherwise the accused cannot be held liable for the conviction solely on the basis of the confession made by him".
In summary, while judicial confessions are strong, reliable evidence that can independently support conviction, extra-judicial confessions are weak evidence requiring careful scrutiny and corroboration from other sources to establish guilt.
