Confession of Accused

Criminal Jurisprudence of Bharat


In Kashmira Singh vs State Of Madhya Pradesh the question discussed was How far and in what way the confession of an accused person can be used against a co-accused?

Court explained it as follows:

It is evident that confession of an accused is not evidence in the ordinary sense of the term because, it does not indeed come within the definition of 'evidence' contained in section 3 of the Evidence Act. It is not required to be given on oath, nor in the presence of the other accused, and it cannot be tested by cross-examination. Such a confession cannot be made tile foundation of a conviction and can only be used in "support of other evidence." [1]

Also in the same case Supreme Court laid down this rule of approach

It was held by the Court that the proper way to approach a case of this kind is, first, to marshal the evidence against the accused excluding the confession altogether from consideration and see whether, if it is believed, a conviction could safely be based on it. If it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid. [1]


Criminal Jurisprudence of Bharat

Thank you for reading till the end. Please share this blog with friends and family. Your comments are welcomed so feel free to comment. Bharat Mata Ki Jay!

#NewCriminalLaws, #LawOfEvidence, #Bharat, #CriminalJurisprudence, #BNS, #BNSS, #BSA, #IPC, #CRPC, #IEA,

Support me by scanning this QR Code.



References:

Indian Evidence Act, 1872 Download pdf

[1] Kashmira Singh vs State Of Madhya Pradesh


Comments

Post a Comment

Popular posts from this blog

Legal interpretations from Ayodhya Verdict Part 8

Image
  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Principle as to personality of institutions.- Apart from natural persons and corporations, which are recognised by English law, the position under Hindu law is that if an endowments is made for a religious or charitable institution, without the instrumentality of a trust, and the object of the endowment is one which is recognised as pious, being either religious or charitable under the accepted notions of Hindu law, the institution will be treated as a juristic person capable of holding property. – Justice B K Mukhergea Upon making an endowment, the donor relinquishes all claims to the endowed property. The property now vests in the pious purpose at the heart of the endowment which is recognised as a legal person. The idol forms the material manifestation of the pi
Read more

Forfeiture of Citizenship in USA

  UNION OF INDIA & ANR. Vs M/s. GANPATI DEALCOM PVT. LTD. Forfeiture of Citizenship in USA: The aforesaid proposition has also been confirmed by the House of Lords in R v. H, [2003] 1 ALL ER 497. 17.19 In Kennedy v Mendoza¬Martinez, 372 US 144 (1963), the Supreme Court of the United States, while concerned with the constitutionality of legislation that imposed forfeiture of citizenship on those who had left or remained outside the United States during wartime to evade military service, had laid down the following relevant factors to classify forfeiture law: (a) Whether the sanction involves an affirmative disability or restraint; (b) Whether it has been historically regarded as a punishment; (c) Whether it is only applicable where there has been a finding of scienter (that is, a finding that an act has been done knowingly and intentionally); (d) Whether its operation promotes the traditional retributive and deterrent aims of punishment; (e) Whether the behaviour to wh
Read more

Legal Interpretation from Ayodhya Verdict Part 9

Image
  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Where there exists an express deed of dedication, the legal personality vests in the pious purpose of the founder. The idol is the material embodiment of the pious purpose and is the site of jural relations. There are instances of the submergence or even destruction of the idol inspite of which it has been held that the legal personality continues to subsist. Even if a testator were to make a dedication to a religious purpose but the idol did not exist at the time the dedication was made or the manifestation of the divine was not in the form of the idol, but in the form of some other object of religious significance, the legal personality would continue to vest in the pious purpose of the dedication itself. A Swayambhu deity is a manifestation of God that is
Read more