Law Relating to Confession in India

Confession has been a very delicate issue when it comes to the court of law. Here is everything you might like to know about the law relating to confession.

Following are the rights conferred upon the person confessing in the court of Law:

confession

Illustration by Sandeep Adhwaryu

1. A confession can only be recorded by a Metropolitan Magistrate or Judicial Magistrate.

2. A confession cannot be recorded by administering an oath to the accused.

3. A police officer who has been conferred with powers of a Magistrate will not be considered competent to record a confession.

4. A confession may be recorded either in the course of an investigation or anytime before the trial commences.

5. The magistrate while recording the confession must explain to the person that-

6. The accused can confess in any language that he/she knows or wishes to use.

7. An interpreter must be present if the magistrate does not know the language of the accused.

8. A warning must be given to the accused regarding the above mention fact and such warning must be recorded in the memorandum of the confession.

9. The questioning magistrate must have the reason to believe that the accused is making the confession voluntarily otherwise no confession can be recorded.

10. The recorded confession must be read out to the accused and interpreted, if required.

11. The accused must be given time to reflect upon his confession. Also it must be ensured that he has not been subjected to maltreatment or torture before the confession is recorded.

12. The confession must be signed by the accused.

By Nikita Anand on June 29, 2010 · Posted in Criminal Law, Human Rights

3 Comments | Post Comment

socialmath says:

Another great post concisely providing all the required details regarding confession. Though points 1 and 3 seems to imply it, you could have perhaps stated that a confession before a police officer is inadmissible as evidence. Also correct the typo error at point 7. But overall, a very useful and well-researched post… like always.. if i may add.

Posted on July 5th, 2010

Nikita Anand says:

I never expected myself to be that ignorant! A big thank you Socialmaths (though I would like to address you by your real name). I am glad you pointed out the Mistake.. Very few bother to do so. I appreciate. 🙂

Posted on July 6th, 2010

hariprashanth says:

good work nikita,dis one helped me a lot
kudos# budding lawyer 🙂

Posted on January 29th, 2014