Wednesday, June 23, 2021

Value of Confessions

 


Statute

  1. Section 25 of Indian Evidence Act
  2. Section 27 of Indian Evidence Act



Important Points

  1. Confession a very weak kind of evidence
  2. Courts have to be cautious in accepting confessions
  3. check for corroborative material against confession
  4. Check for Independent evidence 



Case Law

  1. Arup Bhuyan Vs State of Assam, ( AIR 2011 SC 957 )
    1. So far so, confession is a VERY WEAK kind of evidence. The wide spread and rampant practice in the police in India is to use third degree methods for extracting confessions from the alleged accused. Hence, the Courts have to be cautions in accepting confessions made to the police by the alleged accused. Where the prosecution case mainly rests on confessional statements made to the police by the alleged accused, in absence of corroborative material the Court must be hesitant before they accept such extra Judicial confessional Statements.




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