This Article is written By Vanshita. J. Khatwani of 5thSemester of LLB of I.M Nanavati Law College Ahmedabad, an intern under Legal Vidhiya
ABSTRACT
When Justice is Prevailed.The citizens around the country can trust the law regarding any wrong doing that has happened.The wrongdoing can be registered in the form of written or oral statement.Therefore, the statement is an act of accepting whether you are involved in something wrong or bad it is known as “Confession” if the offender accepts his wrongdoings and surrender himself, then this is act of confession.but if an innocent person is accused of wrongdoing then it is called “False Confession”.
There are few cases in which a person who is not guilty of any crime has been sentenced for imprisonment due to false confession.There can be major consequences for false confession.Confessions play an important part in criminal proceedings.false confession can lead to delay of judgment.false confessions can be made to anyone whether it is religious or a trusted individual.Due to negligence of duties by the police , one of the reason can be not proper strategies methods.Confession should be kept confidential before presenting it in legal proceedings.
Keywords: Confession, False confession, Criminal proceedings, Guilty, judgement.
INTRODUCTION
There are important principles according to the criminal justice system that says “It is Better that Ten Guilty can escape but not any one innocent should suffer.”It is called Blackstone’s Formulation.The main objective of Blackstone’s Formulation is to protect the innocent and set them free.The innocent are not accused of any wrongdoing or they are not punished by imprisonment.Blackstone’s formulation is considered as a law permitted right.false confession is prohibited since Blackstone’s formulation. False confession can have quite an effect on someone’s life.Because once you are in criminal records you are always a suspect in the eyes of law and order.Your criminal record will follow your entire life which is quite bad for your reputation and working life which can be burdersome.False confession can ruin any person’s life.The criminal justice system is considered the backbone of the legal society. This article will provide important aspects of how false confessions are made and how different countries deal with them.
CONFESSION AND FALSE CONFESSION: IT’S MEANING AND SUMMARY
Confession means a statement or announcement given by the offender regarding his wrongdoing. Confession is an act of admitting having guilty mind or wrong intentions for the victim.The offender is genuinely seeking forgiveness for the crimes he have Done.Under Section 30,The confession made by one of offender for the crime jointly committed for the same offence then the confession is considered as evidence in the eyes of law.
The confession has the power to change the spinning wheel of the case.It states to be the most important part under the criminal law system.Confession in many places can be based on religious practices , sacred meanings and spiritual thoughts.Confession can also be Described as realising one’s impure intentions from the body in return balance in social control.
On the other hand, false confession takes place when an innocent person admits the crime.Miscommunication or Misunderstanding can lead to false confession.Sometimes an unstable person or person with mental illness can also gave false confession under pressure.opposing Truth is wrong and it sounds completely wrong but some individual still do it for their selfish benefit or to Divert the intentions of the law to another aspect.we can take some examples like a friend giving false confession to save another friend from punishment, while investigation when any family member for the sake of another family member may confess crime they have not committed it also falls under false confession theory.Anyone who is made false confession will be held responsible and compensation will be compulsory.false confession may result in major reason for delaying justice.false confession depends from country to country.Each and every country has different ways of handling false confession different virtue, rules and regulations are followed in different countries.This article analyse how false confession is and the way of dealing with them in different countries.The confession that are intentionally made false for avoiding death penalties or for protection of another person are thoroughly examine again so that the same mistake is not repeated it is done for the sake of law.
TYPES OF FALSE CONFESSIONS
There are different types of confessions some of them are as under:
- Voluntary false confession
- Complaint false confession
- Persuaded false confession
- VOLUNTARY FALSE CONFESSION:
The confession made willingly or intentionally admit the crime they have not committed.It can be said that they accept the guilt and wrong-doing they have not done it is known as voluntary false confession.There are many reasons why a person admits false confession the major reason is protecting the actual person because they are either relative, friend or family member of the person
For Example:The case of Marty Tankleff (1990) he was a 17 year old teenager who made a false confession of killing his parents on their island home he made confession under pressure because he was made to believe that if he will not make false confession his best friend and business partner jerry will be held liable for the crime. But, In 2007,Tankleef confession was overlooked because new evidence appeared. It was stated that the crime happened because the business deal went off and that tankleef is innocent. This case highlights the importance of how confession is taken as a factor important rather than the Truth.
- COMPLAINT FALSE CONFESSION:
When the police start the interrogation, the atmosphere seems too serious, frightening and non-habitual. Therefore, the person tries to end this situation as soon as possible which in result stands out as false confession.A innocent person unwillingly confesses to the crime he has not commit.Pressure and miscommunication always leads to false confession.There are so many examples for the false confessions made.One was this case The Central Park Five (1989) Five Teenagers were accused of the rape of a jogger in New York City park.Despite so many confessions that later were found out to be made under pressure and that the defendant are innocent.After Providing DNA Report that presented that the DNA on the report and the DNA of the woman were completely different.
- PERSUADED FALSE CONFESSION:
Police officers sometimes use tricks to seek truth but that in return results in false confession of the innocent person,Due to exhaustion,Pressure and Misunderstanding.The police creates such a situation where the crime is pointed out at the person while interrogation.Both mental and physical force is maintained on the person he even doubts himself and he starts believing that he might have committed the crime .Therefore the report of false confession is created.
FALSE CONFESSION IN DIFFERENT COUNTRIES
- IN INDIA:
False confession in India is serious crime. After the judges of the court acknowledges that there is false confession the accused is made to examine through all the procedure again thoroughly some high professional are called to interrogate the case and to find out real evidence related to the case.The proceedings will again begin the experts who can deal with these types of case with professional measures are there to take the case in their hands and therefore the witnesses by other technology or tactics are made to confess who is the real truth behind the false confession.After the complete procedure the court will make arrangements regarding the evidence in the case and the person who has made false confession is liable to pay fines or At least six months of imprisonment is mandatory.It is important for the police officers to obtain the exact truth and not just the confession which in most cases ends up as false confession.when you are delaying truth or hiding it in front of court under section 196, you will face the punishment of imprisonment for 7 years according to the Indian legal system.
- IN UNITED KINGDOM:
In United Kingdom the importance is given to seeking justice and not just evidence or confession.They keep in mind that if the interrogation is carried out that person’s mental and physical health both are maintained no unnecessary abuse is held on them and they are protected under law.Under PACE Guidelines the investigation is carried on without any mistreatment and if they are held liable the court takes strict actions against them.The people in United Kingdom trust their government because of the co-operation and peaceful environment they maintain with the help of expert police officers and officials who are appointed to manage the case.
- IN CANADA:
Canada carries out its investigation via facts, Interviews and the evidence they have named it as the “LEAD TECHNIQUE”. Canada legal system has many drawbacks it is said that the people around are investigated with such pressure that they doubt their own truth and the officers lie that they have found DNA that match their DNA.they carry out some inappropriate practices and measures which are suggested them to improve because they are lacking the trust of the citizens due to these unfair practices.Canada has a major number of population among the world.They should make changes in their legal system and practices.
- IN JAPAN:
Among the high crime oriented countries japan is also among the countries where there is high number of false confessions.The country fully depends on evidence and confession and then they neglect truth and justice.A lot of pressure is made on the accused whether he is innocent or not and as result many innocent people are held guilty for the crimes they have not committed.Recently New reforms are enacted in which it is made compulsory to record the confession or statement of the accused person without any pressure and measures and steps are taken accordingly for that.
- IN AUSTRALIA:
The legal system in Australia is not complicated like other cities.The court takes all the measures and practices voluntarily without any pressure to find the truth but in return if they find any false confession or wrongdoing then the person has to prove their innocence.The legal system takes care of the crimes made and without any abuse and anxiety gives justice to the innocent people.Australian law takes in account matters that involve false confession and special batch of officers are hired to look after these cases that involve false confessions.
- IN BRAZIL:
In Brazil the main focus is put on torturing and abusing the citizens.They are indirectly forced to give false confessions.The accused are mainly backward area people also the violent area and mostly the poor are held liable for the false confessions.The false confessions crime strictly is the biggest crime to commit in Brazil because it has too many consequences and can create a level of threat and danger to their life.These measures of false confessions is considered to be unsafe and unfair.The country is facing many warning and backlash for such harsh practices and measures.All the citizens should be given equality and discrimination should be prohibited.
- IN CHINA:
China is known for it’s cruelty towards the accused people.They try to make the accused to reach their limits no matter what is the crime.The criminal justice system of china remains same for all the people where or not they are citizens.Due to these practices they are made to keep a camera for the crime recordings to show that there is should be no transparency.All amount of proofs should be provided to the la w.china is really very cruel when it comes to criminal system they have a special torture procedure which is considered to be very terrified with the citizens and criminals.
CONCLUSION
False confession is always considered to be a crime whether it is done for the protection of the loved ones. The main reasons to commit false confessions are pressure, misunderstanding, miscommunication and for denying fines. Different countries have different ways of dealing with the false confessions some of them take harsh measures but some believe in maintaining physical and mental stability of the person.A innocent person admitting any guilt and wrongdoing is known as false confessions.It is important to recognise each and every factor that forces an innocent person to dive into criminal world which can affect their whole career, life and employment they should take care of the decisions they are making if they know the facts and till decide to make false confession than they are responsible for the punishment of imprisonment and compensation to be paid is mandatory.false confessions is considered as a important evidence to change any case or as a main suspect in court.
REFERENCES:
1) https://blog.ipleaders.in/perception-false-confessions-india-countries-insight/
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