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Mohamed Hashim   23 July 2017

Confession

Is Confession recorded in the presence of two respectable persons Valid?


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 6 Replies

Siddharth Srivastava (Advocate)     23 July 2017

It depends on case to case. Is the confession is during any court proceeding or extra judicial proceeding? As such there is no law that confession should be in presence of two witnesses. It is misconception.

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Mohamed Hashim   23 July 2017

The inspector of Police arrested x on suspicion and inquired him. X gave a voluntary confession which is recorded in the presence of two respectable persons. There is no other evidences to prove his guilt. Can he be convicted solely based on his confession?
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Advocate Bhartesh goyal (advocate)     23 July 2017

No,confession made in case pending before court &,tribunal or extra judicial proceedings are valid
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Siddharth Srivastava (Advocate)     23 July 2017

Confession made in police custody is of no use and the same does not amount to confession. 

1 Like

Mohamed Hashim   23 July 2017

Thanks sir.

Susen Nath   23 July 2017

Under section 25 it can not done. Undersection 26 also it can not be done.
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