extra-judicial confession

English · Evidence

Meaning. A confession made outside court, not before a Magistrate, such as to a friend, relative or private person.

A confession may be judicial (made before a Magistrate or in court) or extra-judicial (made to anyone else). An extra-judicial confession is admissible if it is voluntary and not caused by inducement, threat or promise from a person in authority (s.22 BSA, old s.24 Evidence Act), and if not made to a police officer (s.23 BSA, old s.25).

The Supreme Court treats it as a weak piece of evidence. In Sahadevan it held that the court must be satisfied that it was voluntary and true, that it was made to a person in whom the accused would naturally confide, and that it is consistent with the rest of the prosecution case. It can found a conviction only if fully reliable, and usually needs corroboration.

Example

The alleged extra-judicial confession to a stranger at a tea stall, with no reason for the accused to trust him, could not be relied on.

In Indian law

Sections 22 and 23 BSA (old ss.24 to 26 Evidence Act)
Sahadevan v. State of Tamil Nadu, 2012 INSC 209

extra-judicial confession

Example

In Indian law

See also

Read more in the study notes