Everyone has the freedom to express their own version of events. Both the accused and the victim are affected by this. The accused has specific rights under our constitution that allow her to present a defense. Every thriving democracy guarantees the right of hearing to its citizens and imposes the same duty on the court.
confession is a key factor in determining the outcome of any criminal trial for the accused. When someone is detained, the police attempt to get information out of them by employing a variety of techniques, including third-degree torture. After suffering from unbearable agony and torture, the accused will either confess the truth or accept responsibility for it. When an individual accepts responsibility for their actions, the police record it as a confession.
Extra Judicial Confession: Meaning
The extra-judicial confession meaning is made outside of court or not in the magistrate’s direct presence. These admissions are made to an individual in private. An extra judicial confession can also be defined as a confession made to oneself.
Extra Judicial Confession Notes
- Even while written confessions from extrajudicial sources are less valuable as evidence than those from judges, the accused’s own writing is still one of the best pieces of evidence that the court can utilize to convict the accused of the crime.
- Additionally, the court may examine the accused’s oral confession provided to any other individual if the confession is not accessible in the form of a written declaration.
- The accused’s utterances to any other person may be admitted into evidence at the court’s discretion and satisfaction, and the accused may then face charges for the offense against which he is charged.
Legal Implications Of Confession Outside Court
- An Extra judicial statement in criminal law can also be defined as a confession made to oneself.
- Such confessions are regarded as poor evidence because they are made outside of court and thus need a great deal of confirmation. Confessions made outside of court have less admissibility than those made inside of it.
- There is a great deal of room for interpretation when it comes to such confessions, so the court has to make sure they are translated correctly.
- These confessions are submitted to cross-examination to elicit pertinent information and confirm that the accused confessed voluntarily and truthfully.
Extra Judicial Confession Latest News
A bench consisting of Justices Abhay S. Oka and Sanjay Karol noted that although an extrajudicial confession is inherently poor evidence, it gains credibility when it is supported by additional evidence.
In the case of Moorthy v State of Tamil Nadu, the Supreme Court (SC) made the following observation.
Background of the Case:
- The appellant was found guilty of both providing false information regarding the offense (Section 201 of IPC) and murdering his wife under Section 302 of the Indian Penal Code, 1860 (IPC) due to suspicions of their illicit relationship.
- The extrajudicial confession that the defendant made before Prosecution Witness 1 (PW) in front of PW-2 was one of the findings that the prosecution cited.
- The accused was exonerated by the SC, which overturned the conviction.
- In the current case, the court cited the justification offered by the Supreme Court in the Pawan Kumar Chaorasia v State of Bihar (2011) case.
Observation Of Supreme Court On Extra Judicial Confession:
- The Supreme Court noted that the prosecution’s case, which is solely predicated on the appellant’s extrajudicial confession, cannot be accepted.
- The appellant was not found guilty based on any admissible legal evidence.
Confessions have been essential to criminal law. The evidence act’s admission provisions include it. Confessions that are sincere and accepted as evidence in court are seen as sufficient proof of the accused’s guilt. The accused is shielded from abuse by the laws pertaining to confession, and Article 20(3) of the Constitution is respected.
When any hint of threat or inducement is eliminated, a confession of this kind is admissible. This stops the accused from being tortured by the police if a confession is made while they are being held by the authorities. The rights of the accused are protected by many provisions in both the Criminal Procedure Code and the Evidence Act.
Extra Judicial Confession FAQs
What are the grounds for rejecting extra-judicial confession?
The extrajudicial confession needs to be viewed quite carefully and cautiously. Only when it is compelling, coherent, and unambiguous can it be trusted. Whether the individuals in front of whom the admission is purported to have been made are reliable witnesses must be determined by the court.
What is the credibility of extra-judicial confession?
The reliability of the extra judicial confession is largely dependent on how credible the individual who made it is. The evidence is deemed faulty if the court determines that the witness is ineligible to benefit from the confession maker’s confidence.
Is an extra-judicial confession a weak type of evidence?
In a recent ruling, the Supreme Court found that although extrajudicial confessions are often regarded as weak pieces of evidence, they can nonetheless be used as justification for a conviction if they can be shown to be honest, voluntary, and uninduced.
What is an extra judicial confession by the accused?
One definition of an extrajudicial confession is one that is made outside of court or not in the magistrate’s direct presence. These admissions are made to an individual in private. An extrajudicial confession can also be defined as a confession made to oneself.
What is the difference between judicial and extra-judicial confession?
In contrast to a judicial confession, which must be made in accordance with the law before a magistrate or in court, an extra-judicial confession is one made by the party at a location other than before a judicial magistrate or in court.
What is extra-judicial confession under the Evidence Act section?
Sections 24 and 27 of the Indian Evidence Act regulate the admissibility and relevance of extrajudicial confessions and fact-finding.
Is confession admissible in court?
A confession made to a police officer is not admissible as evidence under section 25 of the Indian Evidence Act. As a result, when an accused individual confesses during a police inquiry, the police usually obtain a record of it from a magistrate in accordance with section 164 of the Criminal Procedure Code.
Why is extra judicial confession important?
An extrajudicial confession is one that is made outside of a magistrate’s immediate presence. It could freely express admissions of guilt made by the accused outside of court.
Is confession a public document?
According to Section 74 of the Evidence Act, a witness’s “statement” or an accused person’s “confession” recorded under Section 164 CrPC. are public records.
How do you prove extra-judicial confession?
Like any other fact, the extrajudicial confession will need to be proven. The credibility of the witness to whom the confession is made determines the significance of the evidence supporting it. If an accused person’s confession provides confidence through confirmation, it can serve as the only basis for conviction.
What is the value of extra-judicial confession?
The court may rely on an extra judicial confession provided it is truthful, voluntary, and made while in a reasonable mental condition. The confession, like any other fact, will need to be proven. Like any other type of evidence, the credibility of the witness to whom the confession was made determines the admissibility of that evidence.
With the goal of giving students the best education available for law entrance exams including the CLAT, AILET, and numerous state judiciary exams, Jyoti Judiciary Coaching, India’s Finest educational Platform, was established. Come and enroll now with Jyoti Judiciary!
For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf
