confession
The term is not defined in the statute. A confession must admit the guilt in terms or at least substantially all the facts constituting the offence; a statement that is in part exculpatory is not a confession. Every confession is an admission, but not every admission is a confession.
The BSA keeps the old exclusionary rules. A confession caused by inducement, threat, coercion or promise is irrelevant (s.22, old s.24). A confession to a police officer cannot be proved, nor one made in police custody unless made before a Magistrate (s.23, old ss.25 and 26), but information leading to discovery of a fact may be proved (proviso to s.23(2), old s.27). A confession of a co-accused may be taken into consideration against others tried jointly (s.24, old s.30). Judicial confessions are recorded under s.183 BNSS (old s.164 CrPC).
Example
The statement to the inspector is a confession to a police officer and barred by section 23 BSA, but the recovery of the axe at his instance is provable under the proviso.
In Indian law
- Sections 22 to 24, Bharatiya Sakshya Adhiniyam, 2023 (old ss.24 to 30, Evidence Act)
- Section 183, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.164 CrPC) (recording of confessions by Magistrate)
- Pakala Narayana Swami v. Emperor (Privy Council, 1939): meaning of confession
See also
admission · extra-judicial confession · discovery statement · nemo tenetur se ipsum accusare
Read more in the study notes
- Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
- Irregular proceedings (Bharatiya Nagarik Suraksha Sanhita)
- Hurt and grievous hurt (Bharatiya Nyaya Sanhita)
- Wrongful restraint, wrongful confinement, criminal force and assault (Bharatiya Nyaya Sanhita)
- Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
- Admissions: definition, persons whose admissions are relevant, and evidentiary value (Bharatiya Sakshya Adhiniyam)