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Is voluntary confession acceptable?

We all know that anything which is non voluntary is not acceptable but you’ll be shocked to know that even if you make a confession to the police officer the confession shall not be admissible under section 25 of Indian Evidence Act. If any accused makes confession in police custody to anyone except magistrate then also his confession shall not be admissible. However, in other circumstances, the voluntary confession of the accused is acceptable.

 

Section 24 of Indian Evidence Act

 

Section 24 of Indian Evidence Act states that if confession is caused by inducement, threat or promise then it is irrelevant in criminal proceedings. But the inducement must be in charge of the offence and made to a person in authority. Accused made confession after he believed that he would gain any kind of advantage or avoid the punishment which may arise out of the charge.

 

Essential requisite of aforementioned section

  • Confession made by the accused
  • Confession made by accused to person in authority
  • Confession is given by causing inducement, threat or promise.
  • The inducement, threat or promise is in charge of the offence and not otherwise.
  • Accused gets reasonable reason to believe that he can gain an advantage or avoid the evil after he makes a confession.

 

Francis Stanly v. Intelligence Officer, Narcotic Control Bureau, Thiruvananthapuram, AIR 2007 SC 794

In this case, the court held that a confession which is voluntarily given without any pressure or inducement, is acceptable in court.

 

Mohammad Ajmal Amir Kasab alias Abu Mujahid v. State of Maharashtra, AIR 2012 SC 3565 (Bombay Terror Attack)

In this case, the court observed that the accused felt that he set an example and didn’t feel regret for whatever he did.

Therefore, the Supreme Court held that the confession made by the accused was voluntary, without any inducement because he considers himself to be a Fidayeen.

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