Confession and its types

 Types of confession:

Article 37 to 43 Q.S.O.

Section 164, 364 CrPC.

(1) Difference between Confession and Admission..

Confession in Criminal proceedings.. Admission in both Criminal and Civil proceedings..

Confession is the specie or sub part of admission..

Confession itself sufficient or conclusive to prove the guilt,,, but admission is not conclusive proof but acts as etoppel,

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(2) Types of Confession:

(1) Inculpatory Confession ...... its a true and volunteer confession of the guilt by the accused..

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Evidentiary value......acts as substantive evidence.......sufficient to convict the accused...

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(2) Exculpatory Confession...... also known as self exculpatory confession.........

it is defence of the accused, rather than confession,,,, accused tries to get the benefit of general exceptions under ppc..

(3) Retracted Confession.........

The word “Retract” means to draw back, to withdraw,to take back from what has

Been said earlier.

First accused makes confession,,,, but later on, ,, withdrawing or denying from confession , alleging that confession was the result of torture or threat.

Example:

A accused of murder case has made confession before Magistrate but subsequently

Be denies in the court.

COURT TO SEE TWO THINGS REGARDING RETRACTED CONFESSION:

Following two thing must be determined by the court

• Where the confession is true or voluntary

• There is sufficient corroboration

Burden of proof: lies on the accused to prove that confession was not voluntarily or true..

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Evidentiary value.... but still, it can be used as corroborating evidence against the accused....

IMPORTANT QUESTION

Q: Can Confession of the accused be used against the Co accused..?

Answer lies in article 43 QSO.....

Court can consider the confession of the accused against co accused,,,,,,, when both are jointly tried for the same offenses....

Q: Can confession be used at triaI stage?

Confession usually made during investigation 164,364 or during initial stage of trial 243, 265 E.. CrPC

BUT...

In case.... accused wills to make confession at later stages of trial,,,,,,,,

then that later stage confession is not barred under law,,,,, but,,, it may not be considerable for conviction.... ( 2012 P.cr.L.J. 352)