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Tripaksha LitigationJune 17, 20240 Comment

Introduction

The Indian legal system is a complex amalgamation of various principles derived from ancient customs, colonial legacies, and modern statutory enactments. Among these, the Indian Evidence Act, 1872, stands as a cornerstone in the realm of legal proceedings, governing the admissibility of evidence in courts of law. One of the critical aspects under this Act is the treatment of confessions and admissions. This article delves into the nuances of these terms, their legal implications, and the framework provided by the Indian Evidence Act.

Definitions and Distinctions

Confessions

A confession is a statement made by an accused person admitting to the commission of a crime. The Indian Evidence Act does not explicitly define ‘confession’, but judicial interpretations provide clarity. A confession must be voluntary and unequivocal, admitting the guilt in its entirety. Section 24 to Section 30 of the Indian Evidence Act deals with confessions.

Admissions

Admissions, on the other hand, are statements that may acknowledge certain facts relevant to a case, but do not necessarily amount to a full confession. These are covered under Sections 17 to 23 of the Indian Evidence Act. Admissions can be made by parties to a civil suit, and unlike confessions, they do not need to relate exclusively to criminal matters.

Legal Framework

Admissibility of Confessions

Section 24: Confession Caused by Inducement, Threat, or Promise

Section 24 of the Indian Evidence Act renders a confession inadmissible if it appears to the court to have been caused by any inducement, threat, or promise, which is related to the charge and is likely to influence the accused to make the confession.

Section 25: Confession to Police Officer

According to Section 25, no confession made to a police officer can be proved against a person accused of any offence. This provision aims to prevent coercion and undue influence by law enforcement authorities.

Section 26: Confession in Police Custody

Section 26 extends the protection further by stating that a confession made by an accused while in the custody of a police officer is inadmissible unless it is made in the immediate presence of a magistrate.

Section 27: Discovery of Facts

Section 27 provides a limited exception. If a fact is discovered in consequence of information received from an accused in police custody, such information can be proved, but only to the extent that it relates to the fact discovered.

Section

27 strikes a balance by allowing the admissibility of certain parts of a confession that lead to the discovery of new facts, ensuring that the evidence has a degree of reliability and is not solely dependent on the statement of the accused.

Section 28: Confession Made After Removal of Inducement, Threat, or Promise

Under Section 28, a confession becomes admissible if it is shown that the inducement, threat, or promise which rendered it inadmissible earlier, in terms of Section 24, no longer exists at the time when the confession was made.

Section 29: Confession Otherwise Relevant Not to Become Irrelevant Because of Promise of Secrecy, etc.

Section 29 states that if a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused for the purpose of obtaining it.

Section 30: Consideration of Confession Affecting Person Making It and Others Jointly Under Trial for Same Offence

Section 30 allows a confession made by one accused to be considered against another accused if both are jointly tried for the same offence. However, this must be corroborated by independent evidence.

Admissibility of Admissions

Section 17: Admission Defined

Section 17 of the Act defines an admission as a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact.

Sections 18-20: Who Can Make Admissions

Sections 18 to 20 specify who can make admissions. These include parties to the proceeding, agents authorized by such parties, and persons with proprietary or pecuniary interest in the subject matter of the proceeding, among others.

Section 21: Proof of Admissions Against Persons Making Them

Section 21 generally provides that admissions are relevant and can be proved against the person who makes them. However, there are exceptions where admissions may be proved in favor of the person making them, such as when they explain ambiguous facts or circumstances.

Section 22: When Oral Admissions as to Contents of Documents Are Relevant

Section 22 deals with the relevance of oral admissions regarding the contents of documents. It states that oral admissions about the contents of documents are not relevant unless the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such documents.

Section 23: Admissions in Civil Cases When Relevant

Section 23 states that in civil cases, no admission is relevant if it is made upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.

Judicial Interpretations

The Indian judiciary has played a significant role in interpreting the provisions related to confessions and admissions. The Supreme Court of India has emphasized the need for voluntary confessions and has laid down guidelines to ensure that the rights of the accused are protected. In cases like State of Punjab v. Baldev Singh and Aghnoo Nagesia v. State of Bihar, the apex court elucidated the principles governing the admissibility of confessions, reinforcing the importance of safeguarding against coercion and involuntary statements.

Conclusion

The Indian Evidence Act provides a comprehensive framework for the admissibility of confessions and admissions, balancing the interests of justice with the rights of the accused. While confessions can be powerful evidence, the Act ensures stringent safeguards to prevent misuse and coercion. Admissions, though less stringent, still require careful consideration to ensure they are relevant and reliable. Through judicial scrutiny and legislative provisions, the Indian legal system aims to uphold fairness and justice, ensuring that only genuine and voluntary statements influence the outcomes of legal proceedings.