What is Confession and its kinds? Also describe its evidentiary value.

(1) Introduction

Two terms are important as far as dispensing of justice is concerned. These terms are confession and admission. Usually these two terms are intermixed with each other. But reality is that these terms are different from each other. Main differences between these terms are that all confessions are admissions while all admissions cannot be confession, and admission is a matter of civil suit whereas confession is a matter of criminal case.

(2) Relevent Provision

Article 39,40 and 41 of Qanoon e Shahdat, 1984

(3) Inadmissibility Or Admissibility Of Confession Before Police

(Note: It is not clear from question No. 1 whether word is admissible or inadmissible: Therefore, articles 38 and 39 have been described for inadmissibility of confession and article 40 has been described for admissibility of confession.)

(4) Inadmissibility Of Confession Before Police

As far as inadmissibility of confession made before police officer is concerned, following articles of Qanoon-e-Shahadat Order are important:

  • (i) Article No. 38
  • (ii) Article No. 39

(i) Article No. 38

According to Arteile No. 38 of Qanoon-e-Shahadat Order, confession, which is made to a police officer, should not be proved against accused of any offence..

(ii) Article No. 39

According to Artcile No. 39 of Qanoon-e-Shahadat Order, no confession made by any person whilst he/she is in custody of a police-officer should be proved against such person. However, this provision has been made subject to Artilce No. 40 of this Order, and it has been further provided that confession can be proved against such person when his/her confession is made in immediate presence of magistrate.

(5) Admissibility Of Confession Before Police

When any fact is deposed to as discovered in consequence of that inforamtion, which is received from that person, who is accused of any offence and who is in custody of police officer, such information, whether it amounts to confession or not, can be proved.

(6) Kinds Of Confession

Followings are kinds of confession:

  • (i) Judicial confession
  • (ii) Extra judicial confession

(i) Judicial Confession

Judicial confession means that confession, which accused makes before magistrate or during judicial proceeding, and which should be recorded according to Sections No. 164 and 364 of Criminal Procedure Code.

(ii) Extra Judicial Confession

Extra judicial confession means that confession, which is not made to some magistrate or which is not made in due course of legal procedding. In simple words, extra judicial confession is that confession, which some person makes elsewhere than before a magistrate.

(7) Evidentiary Value Of Judicial Confession

Following points are important for explanation of evidentiary value of judicial confession:

  • (i) Strong testimony
  • (ii) Basis for conviction
  • (iii) Admissible evidence

(i)Strong testimony

When judicial confession is free and voluntary, it is considered strong evidence.

(ii)Basis For Conviction

Confession cannot be made basis for conviction unless it is corroborated through independent and reliable evidence. Iqbal crime can be done in the spring for cold water as long as it is moist and free

(iii) Admissible Evidence

If court finds that confession is free and voluntary, it can be admissible and acceptable in evidence even without corroboration.

(8) Evidentiary Value Of Extra Judicial Confession

Following points are important for explanation of evidentiary value of extra judicial confession:

  • (i) Weak evidence
  • (ii) Basis for conviction
  • (iii) Admissible evidence

(i) Weak Evidence

Unlike evidence of judicial confession, evidence of extra judicial confession is not considered strong evidence. It reveals that extra judicial confession is usually considered inadmissible in evidence.

(ii)Basis For Conviction

As extra judicial confession remains weak evidence therefore it cannot be made basis for conviction..

(iii) Admissible Evidence

Extra judicial confession can become admissible in evidence when it is corroborated by some independent and unimpeachable evidence.

(9) Principles About Judicial Confession & Extra Judicial Confession

Qanoon-e-Shahadat Order has provided following principles about judicial confession and extra judicial confession:

  • (i) Confession through inducement, threat or promise
  • (ii) Confession to police officer
  • (iii) Confession in custody of police

(i) Confession Through Inducement, Threat Or Promise

If confession of accused is caused by inducement, threat or promise, such confession remains irrelevant in criminal proceedings. (i) Committing

(ii) Confession To Police Officer

When confession is made to police officer, such confession should not be proved against accused of any offence.

(iii)Confession In Custody Of Police

If some person is in custody of police and he/she makes some confession during such custody, such confession should not be proved against him/her. However, it can be proved against him/her when such confession is made in presence of magistrate.

(10) Conclusion

To conclude, it can be stated that confession is considered as a whole. Even it can be either completely accepted or completely rejected. And maker of confession cannot retract from it after making of confession. However, confession can be retracted when it is proved that statement of confession was false.

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