Relevancy of Confession under Bharatiya Sakshya Adhiniyam, 2023

Introduction

The relevancy of confession under Bharatiya Sakshya Adhiniyam 2023 plays a vital role in the administration of criminal justice, as it directly affects how evidence is assessed in court. A confession, when voluntarily and lawfully made, is a powerful admission of guilt. It not only helps establish the guilt of the accused but also aids in the efficient administration of justice.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act of 1872, modernizes and consolidates the law of evidence in India. This new legislation retains the foundational principles regarding confessions while incorporating procedural clarity and safeguards to prevent misuse.

In this post, we will comprehensively examine the relevancy of confession under the BSA, 2023, in a detailed, point-wise format suited for law students and aspirants preparing for competitive exams.

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Meaning and Definition of Confession

The term “confession” has not been explicitly defined in the Bharatiya Sakshya Adhiniyam, 2023. However, the concept is covered under the broader umbrella of admissions (Chapter III, Sections 21 to 25).

Judicial Interpretation:

• As per Pakala Narayana Swami v. Emperor (1939), a confession is “a statement made by an accused person admitting that he has committed the offence or substantially all the facts which constitute the offence.”

Distinction between Admission and Confession:

• Admission: May include statements that do not admit guilt but are relevant.
• Confession: Must relate specifically to the acknowledgment of guilt for a criminal offence.

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Objectives of Including Confession in Evidence Law

1. To establish the guilt of the accused through voluntary acknowledgment.
2. To support other forms of evidence such as circumstantial or documentary evidence.
3. To ensure justice is served swiftly by enabling quicker resolution of criminal trials.
4. To balance state power and individual rights by regulating the conditions under which confessions are admissible.

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Relevant Provisions under Bharatiya Sakshya Adhiniyam, 2023

Confession is primarily dealt with in Sections 21 to 25 of the Bharatiya Sakshya Adhiniyam, 2023. Below is a detailed explanation of each relevant section:

Section 21: Definition of Admission

• Includes oral or written statements made by parties during investigation or trial.
• Confession is treated as a subset of admission.
• Only admissible against the person who made it.

Section 22: Confession caused by inducement, threat, or promise

• A confession is inadmissible if it was obtained through:
  • Inducement
  • Threat
  • Promise
• The inducement must come from a person in authority, and the confession must appear to be caused by it.
• Objective: To ensure confessions are made voluntarily.

Section 23: Confession to Police Officer

• Any confession made to a police officer is not admissible against the accused.
• Protects against coercion and third-degree methods.

Section 24: Confession in Police Custody

• A confession made while an accused is in police custody is inadmissible, unless made in the presence of a Magistrate.
• Reinforces the role of Magistrates in preventing misuse of police power.

Section 25: Discovery of Facts

• An exception to Sections 23 and 24.
• If a confession leads to discovery of a fact, that portion of the confession is admissible.
• Example: If the accused confesses where a murder weapon is hidden, and it is found there, that part of the confession is valid.

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Types of Confession

1. Judicial Confession

• Made before a Magistrate under Section 164 of CrPC.
• Must be recorded in accordance with due process.
• Admissible in court without further corroboration.

2. Extra-Judicial Confession

• Made to any person other than a Magistrate (e.g., friend, family).
• Not inherently inadmissible, but requires strong corroboration.

3. Retracted Confession

• When an accused later withdraws their confession.
• The court must scrutinize such confessions very carefully.

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Essentials of a Valid Confession

1. Voluntariness: No external pressure or coercion.
2. Clarity: Must clearly state the accused’s role in the offence.
3. Truthfulness: Should be corroborated with other evidence.
4. Legality: Should not violate Sections 22, 23, or 24.
5. Recorded Properly: In the case of judicial confession, all CrPC formalities must be fulfilled.

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When Confessions Are Inadmissible

• If made to a police officer (Sec. 23)
• If made in custody and not before a Magistrate (Sec. 24)
• If obtained by inducement or threat (Sec. 22)
• If retracted and uncorroborated
• If made by a co-accused without independent supporting evidence (covered in case law, not a specific BSA section)

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Case Laws Supporting the Principles

1. Pakala Narayana Swami v. Emperor (1939)
   • Defined confession and emphasized voluntariness.
2. State of U.P. v. Deoman Upadhyaya (1960)
   • Explained the scope of discovery under Section 27 (now Section 25 BSA).
3. Kehar Singh v. State (1988)
   • Held extra-judicial confessions are admissible if credible.
4. Sharad Birdhichand Sarda v. State of Maharashtra (1984)
   • Confession must be consistent with circumstantial evidence.
5. Dagdu v. State of Maharashtra (1977)
   • Retracted confessions require corroboration.

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Critical Evaluation

The Bharatiya Sakshya Adhiniyam, 2023, continues the robust framework of ensuring that only reliable and voluntary confessions are used in courts. By safeguarding against police coercion, custodial manipulation, and false confessions, it ensures that justice is not just delivered but is also seen to be delivered.

However, practical implementation, especially at the police and lower judiciary levels, needs constant monitoring and training to uphold the spirit of these provisions.

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Conclusion

The relevancy of confession under the Bharatiya Sakshya Adhiniyam, 2023, is anchored in the principles of fairness, voluntariness, and judicial prudence. While confessions are vital to criminal trials, their admissibility is contingent upon strict legal standards. For students and legal aspirants, understanding these provisions not only aids in academic excellence but also lays the foundation for principled legal practice.

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FAQs

Q1. Is a confession made to a police officer admissible?

• No, unless it leads to discovery (Section 25).

Q2. What is the difference between judicial and extra-judicial confession?

• Judicial: Made before Magistrate; Extra-judicial: Made to any other person.

Q3. Can a confession alone lead to conviction?

• Yes, if it is judicial and voluntary. Extra-judicial requires corroboration.

Q4. What if the accused retracts the confession?

• It can still be used if supported by other evidence.

Q5. Are confessions under intoxication admissible?

• Yes, unless the intoxication rendered the accused incapable of understanding.

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