CONFESSIONS MADE UNDER EVIDENCE AND CrPC.

CONFESSIONS, MADE UNDER THE EVIDENCE ACT:

Confessions, play a major role in the current legal era, particularly in Civil and Criminal
cases. So, when we talk about Confessions, admissions also come into place. While,
Admissions and Confessions are pertinent statements, they separately are and have, different
legal characteristics.
According to the Indian Evidence Act, 1872, the word “Confession”, is not directly declared,
but falls under the heading of “Admission”, under the Act.
In Pakala Narayan Swamy vs. Emperor, the SC, agreed with the Judgement, that was given
by the Privy Council, stating the two main essentials of Confession.
1. The person, whom so ever confessing, must either disclose all the facts or accept the
guilt explicitly, or,
2. If a statement has both exonerative and admissible confessions, the court acquit the
exonerative confessions and will only take those confessions, that are admissible.
(Nishi Kant Jha vs State of Bihar).
But also, in rare circumstances, extra judicial confessions can also be taken as an evidence, as
held in Sahoo vs State of UP, where that has person confessed that he has murdered his own
daughter-in-law, by screaming that “I’ve finished her”, while having a casual conversation,
was taken as a confession by the court.
In State of Karnataka Vs. AB Nag Raj, there was an extra-judicial confession that was
made by the accused during detention that the deceased girl, was only murdered only by her
mother’s husband and step mother. Thus, it was held that, in extra judicial evidence, whether
confession was really made. It was held that, this is a mere statement and no confession has
been done, to rely upon.
In State of Punjab Vs. Bhagwan Singh, it was held that reporting officers, when examined
in court, the court is denied to have such reports and by the date of evidence, they have
retired.
Section 17:
Defines that confessions, can be made either through oral, written or in any documentary
form. In Nagindas Ramdas vs Dalpattra Ichharam, the Supreme Court explained that,
Acknowledgement of facts without any Equivocation, Vagueness and Obscurity, for the proof
any fact in issue or relevant facts.
In CBI Vs. V.C. Shukla, the Supreme Court explained that an erroneous, fallacious and a
flawed confession for the person held by questioning, can be used as a negative evidence
against him.
Section 20:
Where, a party to the suit, refers to a third party, regarding some information or any matter of
dispute, such party is taken as an admission against the third party. Thus, this section, is a
deviation from the act. In Banarasi Das vs. Kanshi Ram, it was declared that, the Supreme
Court might reject an evidence, if the contrary is proved.
In Biswanath Prasad Vs. Dwaraka Prasad, the SC has held that,
1. Admissions are a significant and a substantial evidence, even though they are not a
definite and a conclusive proof.
2. If Admissions are duly proved, they are accepted, irrespective of the other party,
making them appear in the witness or not and
3. Most significantly, Admissions are accepted, even though, if the party is not called a
witness.
Section 21:
Evidence may be used, as opposed to the party, who is disclosing the facts, but not be able
to be used by the party, who is conferring the facts. In other words, Admission cannot be
used by the party, who makes admission for his own use. Some of the exceptions are:
Admissions under Section 32:
Section 32, enables the person, to prove his own statement, such that if that particular
person is no more, then the statement made by him, would have been relevant, if there is
dispute between two parties.
Statements made under a bodily feeling or a state of mind:
The state of body and mind, at that time, when the incident has occurred along with the
conduct, are relevant.
Facts that are otherwise relevant:
Facts that are otherwise relevant, then it may be proved otherwise, are not called as
relevant facts.
Section 22:
Where there is a document, nobody is given permission to establish the evidence on the
contents of the document, except on cases where:
1. In case, if Secondary Evidence is produced during the proceeding, which must be
proved under section 65 or
2. Where in cases, if the actual documents, have gone missing.
Section 22 A:
Section 22 A, was inserted by the amendment of IT Act, 2000. Only the oral admissions,
as to the contents of electronic evidence, are relevant
 Section 23:
Where there is a concurrence to the facts made, either it is express or implied, admission
of facts will not be given. Thus, this section will be relevant only to civil and not criminal
cases. Thus, Admission in Civil cases, will not be relevant upon the express condition
made by the parties.
Section 24:
Section 24, pertains some confessions as irrelevant. For a confession to be rendered valid
or otherwise, it must be concerned and be relevant to the primacy of the case. In R Vs.
Middleton, it was observed that, the assurance’s well-being, must be capable of convincing
the accused. Otherwise, the accused would take an undue advantage of it.

CONFESSIONS MADE UNDER CrPC:

Statements recorded by the Magistrate:
Under Section 164 of CrPC., there is a need to jot down and make a note of the following
statements, made by the witnesses:
1. To dissuade the witness, from changing their versions subsequently.
2. To get protection from the Prosecution, with regard to the Statements given in Section
164.
Thus, in persistence with subsection (1), it gives the Magistrate an Authority, to jot down
the Statement of an Individual or a Confession. But, that authority could only be granted,
only if the magistrate possess the particular jurisdiction. If the Magistrate doesn’t posses
the jurisdiction, then subsection (6) applies.
Section 164(2):
Under this section, the Magistrate is firstly, required to tell to the accused that he must not
make any confession. But, if he has made anything against it, then it can then be used as
an evidence against him, making it a Sine-Qua-Non, under the evidence act.
In Mahabir Singh Vs. State of Haryana, it was observed that, where the magistrate, has
failed to warn the accused that no confession should be made, but if he has done so, such
confession, can be used as an evidence against him.
Method of recording evidence:
Section 165 of Criminal procedure code:
Copies of any record, shall be sent to the nearest magistrate, to take the cognizance of the
offence and the owner shall be furnished to the magistrate.
Jotting down the confessions of a Rape Victim:
Section 165 subsection 5A, makes it mandatory for jotting down and noting the evidences
of a rape victim, by the bailiff. As soon as the illegal act is brought to the note of the
police, he/she is duty bound, to take the victim, to the nearest Judicial magistrate.
It is a mandatory obligation for the magistrate to record the statements of the rape victim.
Discretion of the Magistrate:
A magistrate has a discretion, whether to record a particular confession or not. If he/she
chooses to record it, then, they must comply with the following criteria’s:
1. It should be noted, jotted down and be duly signed in a particular manner, as provided
in Section 281 and then, must be taken forward to the magistrate.
2. Confession must voluntarily be made i.e., the person itself must agree and come
forward to confess, and there must not be any external force.
3. Memorandum, must be added, to the foot of confession.
Qualification:
According to Section 164(1), if there is Jurisdiction of the Judicial or Metropolitan
Magistrate, then they have an authority or the power, to duly record the statements, made
by the victim and not any other person, as duly provided by law.
Procedure to be followed, in case of recording:
According to section 165(5), any statement made in the presence of a magistrate (Except
confession), shall be recorded. It is up to the discretion of the magistrate, to provide,
whether to record the statements or not.
According to the Delhi High Court Rules, the Delhi High Court, to all district magistrates
declared that, before a confession is to be recorded in the presence of a magistrate, he/she
should arrange, some compatible and safety measures, ensuring the safety of himself and
his staff, under the custody of a prisoner, to make sure, that the statements made, are
voluntary and not under the influence of any external or outside force.
Principles to be followed:
In Dara Singh Vs. Republic of India, Supreme Court has laid down some of the
following principles, that must be duly complied, in case of recording:
1. Provisions of Section 164, must be duly complied.
2. A search enquiry, must be made from the accused, to ensure that, the accused, before
any confessions, there is no eternal influence.
3. If the accused has made any statement which goes against him, then the magistrate,
must question him, as though why he/she has made such confession.
4. If a confession, is not voluntarily been made, then it is to be rendered as void.
5. Any deviations from section 164 of CrPC., renders the confession unreliable.
6. At the time of confession, no police/any police force or any officer, must be present,
in an open court.
7. Usually, in most of the cases, the court requires a corroborative evidence, before the
conviction of the accused through confession.
Thus, these are the principles to be followed, while an accused, confesses the facts to
the magistrate and it is to be recorded.
Public Document:
A statement, recorded by the magistrate, is a public document, according to Section 74 of
the Act. Thus, in Guruvind Palli Anna Rao Vs. State of Andhra Pradesh, it was held
that, the statement of witnesses recorded under section 164 of Cr.PC., is a an official and
a public document, which does not require any former or any conclusive proof. Also,
there is no requirement, to summon the magistrate.
Authenticity of the recorded statements:
Section 80, of the Indian Evidence Act, states that, whenever any document is produced
before the Court, or any part of evidence, is to be given in any proceedings, any officer
whosoever is authorised by law or any Judge, must duly sign the documents, to ensure,
that the documents produced are genuine.
Footnotes:
https://www.legalservicesindia.com/article/1547/Confession-under-Indian-Evidence-
Act.html
https://blog.ipleaders.in/confessions-under-the-indian-evidence-act/
https://districts.ecourts.gov.in/sites/default/files/GAnusha%20Prl%20JCJ
%20Husnabad.pdf
https://www.legalservicesindia.com/article/2520/Recording-The-Statement-of-Rape-
Victim---Section-164(5A)(a)-of-CrPC.html