Law Relating to Confession in India

June 29th, 201012:33 am @    


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-

  • He/she is not bound to make a confession.
  • If he/she does so then it can be used as evidence against him/her.

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.

Article by

Co-Founder and Editor of MightyLaws.in. She has obtained BA.LLB(Hons) degree from National Law Institute University, Bhopal and currently resides in New Delhi. She strongly believes that increasing legal awareness is the key to ensure social justice and simplification of law is the means to achieve it.

Connect with her on Twitter and Facebook.

Enter your Email Address to Get Similar Articles in your Inbox Free!

  

MightyLaws is not responsible or liable for the views expressed by the authors. The articles are general information and should not be treated as legal advice. Please read the Disclaimer for further clarifications.