HOW ARE CONFESSIONS RECORDED UNDER THE EVIDENCE ACT IN RAJASTHAN?

ABSTRACT

This article examines the process of recording confessions under the Evidence Act in Rajasthan, with a focus on procedural rights and compliance with legal requirement. A confession is a crucial piece of evidence under the Indian Evidence Act of 1872, But its admissibility is subject to strict requirements to guarantee its voluntariness and dependability. Confessions in Rajasthan, like in other states, must follow the Act’s provisions as well as the Code of Criminal Procedure’s (CrPC) rules. Although the term “confession” is not defined in the Indian Evidence Act, it is defined as a statement made by an accused individual connected to a crime that suggests they committed the crime. Even though there is a thin line separating admission from confession, the Act makes no distinction between the two processes. Confessions are distinct because they are enhancements of admission. This study focused on the role of magistrates, police officers, and other authorities, the recording of different kind of

confessions, and the protections against undue influence and coercion. It also discusses important judicial decisions that influence how confessions are interpreted, the admissibility of retracted confessions, and the difficulties in striking a balance between the rights of the accused and the effectiveness of investigations. The paper also signifies the meaning and definition of confession and the provisions required for the recording of confessions under the evidence act, 1872.

KEYWORDS

Confession, Recording, Evidence, Admission, Criminal, Statements, Admissibility, Judicial decisions, Rajasthan

INTRODUCTION

Confessions are an essential component of the criminal justice system, serving as a significant form of evidence in legal proceedings. To maintain justice and fairness, the Indian Evidence Act of 1872 provides explicit guidelines for the admissibility, recording, and assessment of confessions. These terms and conditions, along with particular procedural rules under the Code of Criminal Procedure (CrPC), govern the recording of confessions in Rajasthan and other part of India.

A confession is an admission of a personal fact that an individual or group of individuals would presumably prefer to keep private. The phrase is commonly used to admit a moral or legal wrong and assumes that the speaker is giving information that he believes the other party is unaware of, a legal confession involves an admission of some wrongdoing that has legal consequences. Moreover, a confession’s admissibility is primarily determined by how and whom it was recorded, as well as whether or not it was given voluntarily and free from undue influence, coercion, or inducement.

Section 164 of the CrPC, which establishes the procedural requirements for recording judicial confessions, and Sections 24 to 30 of the Indian Evidence Act provide the framework that is followed in Rajasthan when recording confessions. Since doing so could jeopardize the integrity of the legal system, the legal system places a high priority on defending the rights of the accused and making sure that confessions are not coerced through unethical or unlawful means.

This article examines the legal framework, procedural safeguards, the function of magistrates, the significance of voluntariness and admissibility, and how confessions are recorded in Rajasthan under the Evidence Act. It also looks at court rulings and case law that have influenced how these provisions are applied in the state. Legal professionals, law enforcement organizations, and anyone else involved in the Rajasthan legal system must comprehend these elements.

MEANING AND DEFINITION OF CONFESSION

Confession is a statement made by an accused person which is sought to be proved against him in criminal proceeding to establish the commission of an offence by him. Confession if deliberately and voluntarily made may be accepted as conclusive of the matters confessed. It always go against the person making it. Confession is statement written or oral which is direct admission of suit[1].

The Indian evidence Act does not define or express the term confession, but the interference described in section 17 of the act also applies to confessions, whether they are made orally or in writing and are presented for conclusions regarding the relevant facts or the fact in question. Admission is statement oral or written which gives inference about the liability of person making admission[2].

As per Sir James Stephen, as an admission made at the time by a person charged with the crime stating or suggesting the interence that he committed a crime[3]. Admission includes the relevant facts, which is permissible by the court, the Confession. It is not necessary that every fact is admissible in the case in which facts are admitted in the case when the facts themselves are admitted by the accused or the offender who is directly or indirectly involved in the case that admitted facts is known as Confession. Subsequently, the Confession is facts which are made by an individual who is accused of any criminal offences and such proclamations presented by him will recommend an end regarding any reality in issue or as to essential realities. The assertions might induce any thinking for closing or recommending that he is at legitimate fault

for wrongdoing. We may likewise characterize the Confession all in all as the admitted facts by the accused in the criminal procedures[4].

TYPE OF CONFESSIONS

Confessions are classified under the Indian Evidence Act, 1872, according to their admissibility, nature and circumstances of delivery. Judicial Confessions, Extra-judicial Confessions, and statements that result in discoveries are examples of these kinds of confessions. To maintain justice and fairness, each kind of confession has a unique function in the legal system and is subjected to particular legal requirements.

Judicial Confession:

A formal confession made by an accused individual in front of a magistrate or in a court of law is known as a judicial confession. These confessions are admissible under Evidence Act and are recorded in accordance with the procedural protections outlined in Section 164 of the Code of Criminal Procedure.

Features: The accused made it willingly recorded with a magistrate present to guarantee objectivity. Forms, if admissible, direct evidence during the trial process.

For example: A confession that a magistrate records before the trial starts or during an investigation.

Extra- Judicial Confession:

An accused individual makes an extrajudicial confession when they are not in front of a judge or magistrate. The credibility of the person to whom the confession is made determines whether it is made determines whether it is admissible, but these confessions can be made to friends, family, or other people.

Features: Not made in formal courtroom environment. It is subject to close examination because of possible questions regarding voluntariness. If backed up by additional facts, it can serve as corroborating evidence.

For example: In a private conversation, an accused person confesses their guilt to a close friend. Retracted Confession:

An initial confession that the accused later retracts, claiming it was made under duress, coercion, or under other influence, is known as a retracted confession.

Features: Retracted confessions are handled cautiously by courts, Requires substantial supporting evidence in order to be admitted.

For example: If an accused person confessed to a crime during an initial interrogation but later denied it in court.

PROVISIONS WITH PROCEDURE FOR CONFESSIONS RECORDED UNDER THE EVIDENCE ACT IN RAJASTHAN

Confession recording is a crucial part of Rajasthan’s criminal justice system, which is regulated by the Indian Evidence Act of 1872 and the procedural protections outlined in the 1973 Code of Criminal Procedure (CrPC). According to the law, a confession is an accused person’s acknowledgement of guilt, and it can significantly impact how a criminal trial turns out. However, how and under what conditions a confession was recorded determines its admissibility and evidentiary value.

Significant provisions in the Indian Evidence Act of 1872:

Section 24[5]: Exclusion of Confession Induced by Threat, Promise, or Inducement

It is brought on by an authority figure’s promise, threat, or inducement. The accused has a reason to think that by making the confession, they will benefit or avoid harm because of the inducement, threat, or promise. Confessions are guaranteed to be voluntary and unaffected by outside forces in this section.

Section 25[6]: Confessions to Police Officers

In court, confessions given to a police officer are not admissible. This clause protects the accused and attempts to stop police officers from abusing their authority.

Section 26[7]: Confessions Made in Police Custody

A confession made by someone who is being held by the police is not admissible unless it is made in front of a magistrate. The accused is further protected from coercion or abuse while in custody by this section.

Section 27[8]: Discovery of Facts Based on Information Provided by the Accused

An exception to Section 25 and 26 is established by this section. If a confession results in the discovery of a fact, the confession’s specific reference to the fact is admissible as evidence.

For instance, the statement becomes admissible if the accused discloses the location of a weapon used in the crime and it is later found.

Section 28[9]: Confession Made After Removal of Inducement, Threat, or Promise

If it can be demonstrated that the influence of inducement, threat, or promise has been eliminated, a confession that was previously inadmissible may be admitted.

Section 29[10]: Confession not invalidated by promise of secrecy, etc.

The fact that a confession was made with a vow of confidentiality does not automatically make it inadmissible. It was given in answer to a question that the accused was under no obligation to answer. In situations that accused did not expect to be used against them, it was made.

Section 30[11]: Confession by Co-Accused

If both of the accused are tried for the same offense, a confession made by one of the accused may be used against the other accused. Both the confessor and the co-accused are implicated in the confession.

However, such a confession needs to be supported by separate evidence in order for the co- accused to be found guilty.

Procedure for Confession Recording:

Section 164[12] of the CrPC is essential to the recording of judicial confessions even though it is not a part of the Evidence Act. It offers comprehensive instructions on how magistrates must document confessions in order to guarantee their voluntariness and admissibility. Important points consist of: A Judicial Magistrate must record the confession. The accused must be made aware of the possibility that their statement could be used against them as well as their right to silence. The magistrate must guarantee that the confession is given willingly and free from undue influence, threats, or coercion.

Implementation in Rajasthan

Rajasthan records confessions in accordance with the national framework set forth by the Evidence Act and CrPC. Rajasthan courts have emphasized how crucial it is to follow procedural safeguards in order to guarantee that confessions are trustworthy and coerced. The Rajasthan High Court’s judicial precedents place a strong emphasis on carefully weighing confessions to strike a balance between the accused’s rights and their evidentiary value.

JUDICIAL PRECEDENTS

State of Rajasthan v. Kartar Singh[13]: According to Section 26 of the Evidence Act, the Court ruled that any confessions made by an accused person while they are being held by the police are not admissible unless they are recorded in front of a magistrate.
Modan Singh v. State of Rajasthan[14]: The Supreme Court held that recovery made pursuant to the accused’s confession is admissible under Section 27, provided it leads to material evidence in the case.
State of Rajasthan v. Rajaram[15]: According to the Supreme Court, a confession must be freely given and free from coercion, threats, or promises. The prosecution has the burden of demonstrating that the confession was given voluntarily
State of Rajasthan v. Teja Ram[16]: The Court reaffirmed the inadmissibility of confessions gleaned through coercion or undue influence.
Pyare Lal v. State of Rajasthan[17]: The Court ruled that, other evidence such as witness testimony and documentary evidence, supported the veracity of Pyarelal Bhargava’s retracted confession, which was deemed admissible. Therefore, based on the retracted confession, the court determined that there was no reason to overturn the conviction.

CONCLUSION

Confessions are made when an accused person at any point acknowledges the alleged offense and the charge against him. There are several different kinds of confessions, including retracted confessions, extrajudicial confession, judicial confessions. Section 24, 25, 26, 27, 28, 29 and 30 of the Indian Evidence Act are pertinent to confessions and are discussed in this article. Section 164 of the CrPC lays out the process for recording a confession.

A balance between the efficient administration of justice and the defence of individual rights is guaranteed by the legal framework governing confessions under the Indian Evidence Act and the CrPC. The stringent legal procedural protections pertaining to confessions in Rajasthan are intended to guard against misuse and guarantee that only trustworthy evidence is taken into account.

Confession is not defined in the Act. Sir James Stephen in his Digest of the Law of evidence defines confession as “confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime. Confession is a statement made by an accused person which is sought to be proved against him in criminal proceedings to establish the commission of an offence by him.

REFERENCES

[1] Shivanshankar.B.S, Arya R, A study on a study on confession under Indian Evidence Act, 1872, 120, 183 (2018), 34.pdf

[2] Shantanu Chakrak, Section 17 of the Indian Evidence Act, 1872, Share your Essays, (17 Jan, 1:26 PM), Section 17 of the Indian Evidence Act, 1872.

[3] Simzkaur, Admissions and Confessions under Indian Evidence Act 1872, legal service India, ( 17 Jan, 1: 43PM), https://www.legalserviceindia.com/legal/article-138-admissions-and-confessions-under-indian-evidence-act- 1972.html.

[4] Viveka Kumar and Shivam Pandey, Confessions under the Indian Evidence Act, ResearchGate, (Aug. 2023), https://www.researchgate.net/publication/373454156_Confessions_under_the_Indian_Evidence_Act.

[5] Indian Evidence Act, 1872, § 24, No. 01, Act of Parliament, 1872 (India).

[6] Indian Evidence Act, 1872, § 25, No. 01, Act of Parliament, 1872 (India).

[7] Indian Evidence Act, 1872, § 26, No. 01, Act of Parliament, 1872 (India).

[8] Indian Evidence Act, 1872, § 27, No. 01, Act of Parliament, 1872 (India).

[9] Indian Evidence Act, 1872, § 28, No. 01, Act of Parliament, 1872 (India).

[10] Indian Evidence Act, 1872, § 29, No. 01, Act of Parliament, 1872 (India).

[11] Indian Evidence Act, 1872, § 30, No. 01, Act of Parliament, 1872 (India).

[12] Code of Criminal Procedure, 1973, § 164, No. 02, Act of Parliament, 1974 (India).

[13] State of Rajasthan v. Kartar Singh, AIR 1970 SC 1305

[14] Modan Singh v. State of Rajasthan, AIR 1978.

[15] State of Rajasthan v. Rajaram, AIR 2003 (8) SCC 180.

[16] State of Rajasthan v. Teja Ram, AIR 1999 SC 1776.

[17] Pyare Lal v. State of Rajasthan, 1963 SC 1094.

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