Confession Under Indian Evidence Act, 1872- a Critique

“A confession, if freely and voluntarily made, is evidence of the most satisfactory character.”
-Eyre C. B.

Confession plays a pivotal role in the pursuit of a criminal trial, the foundation of which rests on truth and accuracy. It is an acknowledgement of guilt by the accused. The truthfulness of the confession runs in favor of the accused, as the logical fallout dictates that it flows from the strongest sense of guilt, thus, must be given the highest credit. Hence, confession plays a decisive role in the determination of the trail. A confession could take many forms viz., judicial confession, retracted, and an extra-judicial confession. Thus, it is indispensable for the courts to examine the admissibility of such confession to rule out the possibility of smeary evidence being presented in the court of law.

This essay attempts to analyse the evidentiary value of the confession made by the accused. under the Indian Evidence Act, 1872. The conundrum about the extent of the statements made before the police that can be operated against the accused to determine the conclusiveness of confession made by the accused has been addressed withal.

Keywords: Confession, Evidentiary Value, Statements, Police, Indian Evidence Act, 1872

Suggested Citation: Suggested Citation