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Jinu Padmakumar   04 June 2021

evidence act

whether the confessions made by the accussed in court can be considered a evidence


Learning

 4 Replies

Sankaranarayanan (Advocate)     04 June 2021

.State the facts clearly? yours query seems academic 

how you related to this query?

nikita jain   04 June 2021

Confession will be admissible on record but cannot be treated ae evidence

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 June 2021

The court observed in this case that the statement or the self conversation made by the accused shall be considered as a confession to prove his guilt and such confession should be recognised as a relevant in evidence in administering justice, and just being in the case that the statements are not communicated to any.

minakshi bindhani   29 October 2021

As per your query concerned!

Section 24 comes under the heading of Admission under the Indian Evidence Act. So it is clear that the confessions are merely one species of admission.

Any person confessed before a magistrate or in court in the due course of legal proceedings. It has been defined to mean “plea of guilty on arrangement (made before a court) if made freely by a person in a fit state of mind. It is called judicial confession.

So the accused confessed before a court comes under the purview of Judicial Confession.

Under section 80 of the Evidence Act, a confession recorded by the magistrate according to law shall be presumed to be genuine. It is enough if the recorded judicial confession is filed before the court. It is not necessary to examine the magistrate who recorded it to prove the confession. But the identity of the accused has to be proved.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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