Extra judicial confession meaning. Extra 2022-11-17
Extra judicial confession meaning Rating:
An extrajudicial confession is a statement made by a person accused of a crime, in which they admit to committing the crime, outside of a courtroom or judicial setting. These types of confessions are not made under oath or in front of a judge, and therefore may not be admissible as evidence in a criminal trial.
Extrajudicial confessions can be made in a variety of settings, such as in a police interrogation room, during a conversation with a friend or family member, or even in a social media post. While such confessions can be tempting for law enforcement or prosecutors to use as evidence, they are often viewed with skepticism by the courts due to the lack of formal safeguards and the potential for coercion or other forms of misconduct.
The use of extrajudicial confessions as evidence has a controversial history, with some arguing that they are a necessary tool for law enforcement to solve crimes and bring perpetrators to justice, while others argue that they are prone to abuse and can lead to wrongful convictions.
One of the main concerns with extrajudicial confessions is the potential for coercion or duress. Suspects may feel pressure to confess in order to avoid more severe punishment or to protect themselves or others from harm. In some cases, suspects may be threatened, tricked, or misled into making a confession, or may confess under the influence of drugs or alcohol.
Extrajudicial confessions can also be unreliable due to the lack of a formal record or transcript. Without a verbatim record of the confession, it is difficult to accurately determine the context in which the confession was made, or to evaluate any potential inconsistencies or contradictions.
Despite these concerns, extrajudicial confessions can still be used as evidence in some cases, depending on the laws of the jurisdiction and the specific circumstances surrounding the confession. In order to be considered reliable, a confession must be voluntary and made with full understanding of the implications and consequences.
In conclusion, an extrajudicial confession is a statement made by a person accused of a crime, admitting to the crime, outside of a courtroom setting. While these confessions can be tempting for law enforcement to use as evidence, they are often viewed with skepticism due to the potential for coercion and the lack of formal safeguards. Extrajudicial confessions can be used as evidence in some cases, but must be voluntary and made with full understanding of the implications and consequences.
Remedial Law Doctrines: EXTRA
It is not open to any court to start with a presumption that extra- judicial confession is a weak type of evidence. Such a confession should be considered as acceptable evidence in the administration of justice and the fact that the allegations are not communicated to anybody else does not negate the confession's importance. It is not safe to rely upon impression. Confession is of two types — Judicial confession and extra judicial confession. The only material difference between a judicial and an extra-judicial confession is that the former is recorded by a Magistrate with all the formalities provided by Section 164 CrPC in order to facilitate ascertainment of the confession having been given voluntarily, the aid of these formalities and the evidence of the Magistrate are not available in the case of an extra-judicial confession.
The conviction under sections 477-A IPC and 409 IPC has been confirmed and the sentence of imprisonment under section 409 IPC is reduced to three years. State of Maharashtra, AIR 1984 SC 1622. These aspects were highlighted in State of Rajasthan v. The question whether a confession is voluntary or not is always a question of fact. It is not to be conceived that a man would be induced to make a free and voluntary confession of guilt, so contrary to the feelings and principles of human nature, if the facts confessed were not true.
Although, in contrast to judicial confession, extra-judicial confession has little evidential value, the documentation of the accused is one of the greatest proofs available to the court for charging the accused of the crime in the event of a written confession. . It may have started with a request. The diverse collections of confessions do not have the same evidential values as some and the circumstances of how and when these confessions are produced both degrade and increase their worth. Requirements of a Confession A confession must be made: Voluntarily; By the party himself; To another person. AIR 1990 SC 79 , it was laid down that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests: " 1 the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; 2 those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; 3 the circumstances, taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and 8.
It would be difficult in some cases to positively establish that the deceased was last seen with the accused when there is a long gap and possibility of other persons coming in between exists. He handles all aspects of corporate, commercial business and banking transactions, protection and enforcement of intellectual property rights, collection, admiralty and maritime practice, labor-management relations, election, administrative and local government cases, family cases, real estate transactions, land titles, deeds and conveyances, foreclosure of mortgages, taxation, regulatory compliance, etc. It is not the law that extra judicial confessions cannot be accepted and acted upon or that they are to be classed under some inferior category of admission or confession. After investigation, the appellant was charge sheeted for the said offences. Therefore, self-confession is also quality testimony, which in a court of law would be regarded as valid evidence. There is no reason as to why the accused would make confession before a stranger. PW-1 took the accused to Gopalakrishna A.
Confessions are enhancements of admittance which makes them unique; as a result the famous saying goes, "All Confessions are Admissions, but Not All Admissions are Confessions. DIFFERENCE BETWEEN JUDICIAL AND EXTRA JUDICIAL CONFESSION Judicial confessions are those given to a judicial magistrate under section 164 of the Criminal Procedure Code. Chhabra, the accused had given a confession statement. He took the accused to the Police Station along with the report. It is not permissible for the Court acting upon this evidence to do so only with regard to a part of a confession and to reject some part of it because the accused may not be able to offer further proof. In State of U.
Evidentiary value of Judicial and Extra Judicial Confessions
Judicial confession Judicial confessionis aconfessionmade in a legal proceeding. A confession will be considered as voluntarily made, although it was made after a promise of favor or threat of punishment, by a person not in authority over the prisoner. He used to make entries in their passbooks in his own hand but would not account money in the account books of the bank nor did he pass it to the cashier. It is well settled that conviction can be based on a voluntarily made confession, but the rule of prudence requires that wherever possible, it should be corroborated by independent evidence. Nevertheless, the Supreme Court found out in the case of Nishi Kant Jha v State of Bihar that there was nothing wrong with relying on part of the confessional declaration and refusing the remainder, and the Court sought assistance from the English authorities for this reason.
See Hukam Singh v. But it can be taken into consideration along with other evidence. At that point of time the accused asked PW-1 not to follow them and to stop there. On their way to the theatre, they found the deceased and some others coming in the opposite direction. State of Andhra Pradesh AIR 1996 SC 66. Ashok Kumar Srivastava, 1992 Crl. It would not be involuntary, if the inducement, a does not have reference to the charge against the accused person; or b it 15.
Extra Judicial Confession Extra-judicial confessions- These are those rendered anywhere by the accused than before a judge or in custody. IRRELEVANT CONFESSION Sections 24, 25, and the relevant section of Section 27 of the Indian Evidence Act, 1872, deal with the circumstances in which a confession might be irrelevant. Section 80 talks about — Presumption as to documents produced as record of evidence. Section 27 of the Criminal Code states that when a truth is forcibly found while getting information from an accused during a police investigation or while in police custody and where such information leads to the discovery of additional pertinent facts, it may be definitively proven. So far as the last seen aspect is concerned it is necessary to take note of two decisions of this court. Extra judicial confessions are those which are made by the party elsewhere than before a magistrate or in open court.