Confessions as per the Indian Evidence Act, 1872

Under the provisions of the Indian Evidence Act, a confession refers to a verbal or written declaration made by an individual who stands accused of a criminal offence, whereby they implicitly or explicitly acknowledge their participation in the offence. The legislation establishes a clear distinction between admission and confession, wherein an admission only recognises culpability, whilst a confession extends beyond acknowledging the perpetration of the offence. To secure the administration of justice, it is imperative for the Court to thoroughly evaluate all further information on the case before relying solely on the confession of the accused as a means to establish culpability. The concept of admission can be classified into two distinct categories: judicial and extrajudicial. A judicial admission occurs within a formal legal procedure, whereas an extrajudicial admission is made during ordinary activity outside the legal realm. In the legal context, judicial admissions are deemed acceptable in a Court of law according to Section 58. These admissions carry significant probative weight in substantiating or refuting the assertions made by the individual making the admission. Nevertheless, several exceptions exist to this general principle, as elucidated in Section 21 of the Indian Evidence Act. The classification of confessions varies based on the specific characteristics of the case. Judicial confessions are typically rendered before a magistrate or Court as part of criminal proceedings, whereas extrajudicial confessions are made outside the formal setting of a court. The Court must conduct a comprehensive examination of these confessions to ascertain their veracity and corroborate them with further evidence. In cases where independent and corroborative evidence exists, retracted confessions may retain their admissibility as incriminating evidence against the individual who confessed. The Indian Evidence Act of 1872 delineates the specific conditions where a confession may be deemed inconsequential. According to Section 24, any confession given by an individual who is accused of an offence is considered immaterial if it was gained using coercive means, including but not limited to compulsion, threats, or promises, by a person in a position of power, such as a magistrate or Court. According to Section 26, it is impermissible for judicial entities to rely on a confession to establish the accused's culpability. Nevertheless, Section 27 International Journal of Integrated Studies and Research Volume 1, Issue 2 ISSN 2582-743X ©IJISAR pg. 90 of the legislation effectively nullifies this prohibition by permitting the admission of confessions made to law enforcement agents while under arrest as admissible evidence that contributes to the revelation of more facts and substantiates pertinent information.