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Evidentiary Value of Extra-Judicial Confession: Understanding its Significance in Criminal Proceedings
Article . Covering the Supreme Court of India

Evidentiary Value of Extra-Judicial Confession: Understanding its Significance in Criminal Proceedings

On March 19, 2023 by Mohammad Anas Dhorajiwala
Evidentiary Value of Extra-Judicial Confession: Understanding its Significance in Criminal Proceedings
Source: The Indian Express

In criminal proceedings, the prosecution must establish the guilt of the accused beyond a reasonable doubt. To do so, the prosecution presents evidence to the court, which can include testimonies, physical evidence, and documents.

One type of evidence that can be presented in criminal cases is an extra-judicial confession. An extra-judicial confession is a statement made by the accused outside of the court proceedings, usually to someone other than a police officer or a court official.

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This statement can take different forms, such as written, oral, or nonverbal, and it can be either direct or implied. For example, an accused person may directly admit to committing a crime to a friend or family member, or their actions or behaviour may imply guilt.

Extra-judicial confessions can have a significant impact on criminal proceedings, but their evidentiary value depends on several factors. For instance, the admissibility of an extra-judicial confession in court depends on the circumstances surrounding its making, the credibility of the person who heard the confession, and the reliability of the confession itself. A voluntary confession, obtained without coercion or intimidation, is more likely to be admissible than one that was coerced or obtained through duress.

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The reliability and trustworthiness of the confession are also crucial in determining its evidentiary value. The confession must be corroborated by other evidence in the case to be considered reliable, and it must relate to the crime charged. Extra-judicial confessions can be particularly powerful because they are a form of self-incrimination, and when a person confesses, they are essentially admitting to their guilt in the crime.

However, extra-judicial confessions can be subject to manipulation and misinterpretation, making them unreliable in some cases. As a result, the prosecution must prove that the confession meets certain legal requirements for it to be admissible as evidence. They must demonstrate that the confession was made voluntarily, that the person who heard the confession is credible, and that the confession is reliable.

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Moreover, the confession must not be hearsay, meaning it must not be a statement made by someone other than the accused to prove the truth of the matter asserted. Ultimately, the admissibility and evidentiary value of an extra-judicial confession in a criminal case will depend on careful consideration of these factors by the court.

One of the challenges of using extra-judicial confessions as evidence in determining their credibility. This often involves assessing the character and reliability of the person who heard the confession, as well as the circumstances in which it was made. For example, if the confession was made under duress or in exchange for a benefit, it may not be considered credible. Similarly, if the person who heard the confession has the motive to fabricate or misinterpret the statement, it may not be considered reliable.

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Another issue that can arise with extra-judicial confessions is the potential for false confessions. False confessions can occur for a variety of reasons, including coercion, intimidation, and mental illness. In some cases, innocent people have been known to confess to crimes they did not commit in order to avoid punishment or because they were coerced into doing so.

It is important for courts to carefully scrutinize extra-judicial confessions to ensure that they are not the result of false confessions. Despite these challenges, extra-judicial confessions can still be a valuable tool in criminal proceedings. When used properly, they can provide important evidence that helps to establish guilt or innocence. However, it is important for courts to carefully evaluate the circumstances surrounding the confession and assess its reliability before using it as evidence.

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In conclusion, the evidentiary value of extra-judicial confessions in criminal proceedings is significant, but it is important to be cautious when using them as evidence. These confessions can be subject to manipulation, misinterpretation, and false confessions.

Therefore, it is crucial for courts to carefully evaluate the circumstances surrounding the confession, assess its reliability, and ensure that it was voluntarily given. By doing so, the courts can ensure that justice is served and that innocent people are not wrongfully convicted.

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Tags: Criminal Proceeding, Evidence Act, Extra Judicial Confession, Supreme court

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