Confessions can be considered as a very powerful piece of evidence in criminal cases, but not all confessions are treated on equal footing. The law also recognizes that there might be few chances where some confessions might be made under pressure, threat, or even deceit.This makes a strict rule to ensure that only fair and voluntary confessions are taken into account by the court. Sections 22 to 24 of BSA deal with confessions. (Earlier under Section 24 -30 of Indian Evidence Act)
What is a Confession?
The word ‘confession’ is not defined under The Bharatiya Sakshya Adhiniyam,2023 ( BSA).Lord Atkin has defined confession in the case ‘ Pakala narayan swami v.Emperor’,under which the court held that a confession must either admit in terms of offense or at any rate substantially all the facts which constitute the offense.If a statement made by accused does not contain direct admission in terms of commission of offense, it will not be considered as a confession.
A confession can be understood like ,when someone admits that they have committed a crime. They will say, “Yes, I did it.”A confession can be used as a piece of evidence in court to prove that someone is guilty of a crime . But for a confession to be valid and used in court, it must be made voluntarily without any pressure or deceit.
There are two types of confessions under BSA and they are :-
Judicial Confession – Confessions made before Magistrate or in Court are presumed to be correct and true record and considered to be a substantive piece of evidence.Under judicial confession-
- the person to whom it is made need not be called as a witness.
- it can be relied as proof of guilt against the accused person if it appears to the court to be voluntary and true.
- conviction may be based on it.
Extra Judicial Confession – Confession where the accused admits his guilt or crime to any person other than the Court or a Magistrate.Extra judicial confession can be proved by either-
- orally examining the person to whom Confession is made.
- if it’s in writing, by inspecting the document in which the confession is recorded.
- by calling as witness the person before whom the extra judicial confession was made.
- it alone cannot be relied upon,it needs support of other supporting evidence.
- it is unsafe to base conviction upon it.
Key Components of Sections 22 to 24 of BSA
Section 22: Confessions Made Under Pressure
This section makes sure that confessions aren’t made under someone who was scared, threatened, or promised something in return. If the court finds out that a confession was made by a person under pressure, it won’t be considered as evidence. However, if the person later confesses where there was no pressure made over him, the court might accept it. Additionally, the confession doesn’t become irrelevant just because the person says that he was intoxicated , drunk or got tricked when they confessed, or they weren’t warned about their rights.(Earlier under Section 24,28 and 29 of IEA,1872)
Section 23: Confessions to Police Officers
Under this section any confession made directly to a police officer by an accused cannot be used in court against him.This is because there’s a higher risk that the confession might have been coerced by the police officer.But,if the confession is made in the presence of a Magistrate while the person is still in police custody,it can be considered and taken into account.
Exception
If the police officer finds a new evidence or there is a discovery of a new fact ,because of something the accused confessed, that part of the confession can be taken into consideration and used in a court (Earlier under Section 25-27 of IEA,1872)
Section 24: Confessions Involving Multiple People
Under is this section where more than one person is involved in a trial for the same crime.If one person confesses and that confession implicates others on trial with them,the court can use this confession as evidence against everyone involved in the trial for the same crime.Under this rule,when people are tried together, a confession by one can impact all those involved.
Exceptions of Confession
- Voluntary Confession After removal of Pressure :If someone confesses freely after removal of pressure or threat, the confession can be taken into consideration.
- Confessions Despite Circumstances: A confession doesn’t become irrelevant just because the person was tricked, drunk, or was not properly warned about the consequences of it.
- Discovery of New fact: If a confession leads to the discovery of any new facts or evidence, that part of the confession can be taken into consideration.
Examples
- A suspect confesses because he was threatened with harm by someone in authority.This confession will not be accepted in the court. But if the same person confesses again later, without any threat, the court will take into account his second confession.(section 22)
- A suspect in police custody confesses where he hid the stolen goods, and the police then discovered those goods based on that confession. Even though the confession was made in police custody, the part that led to discovery of the stolen items can be used in court.(section 23)
- A and B, are on trial together for a crime and A confesses- “B and I did the crime together,” it can be used as evidence against both A and B.(section 24)
Why is This Important?
This protects the people from being forced into confessing a crime they never did, which is very important for preventing wrongful convictions.It ensures that voluntary confessions can be used to bring the guilty to justice.
Sections 22 to 24 of the Bharatiya Nagarik Suraksha Sanhita,2023 (BSA) provide a framework for dealing with confessions in criminal cases. These rules help in maintaining the fairness of the legal process, protecting accused rights, and see that justice is based on truth and reliability.
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