The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
This document discusses the process of appeals in the Indian legal system. It outlines that appeal is a complaint to a higher court regarding an injustice or error committed by a lower court. There can only be a right to appeal if expressly provided by law. It then discusses the different levels and types of appeals, including appeals to the Supreme Court, High Court, and Court of Session. It also describes the procedures that must be followed for appeals, such as attaching a copy of the lower court's judgment. The appellate court has powers to dismiss appeals summarily if there is no sufficient ground, or to obtain further evidence and alter or reverse the lower court's decision.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The document discusses the examination of witnesses in criminal trials under Indian evidence law. It explains that witness testimony is examined through examination-in-chief by the party calling the witness, cross-examination by the adverse party, and possible re-examination for clarification. Cross-examination seeks to test witness credibility and elicit favorable facts. A person producing a document is not themselves a witness subject to cross-examination.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
This document discusses the process of appeals in the Indian legal system. It outlines that appeal is a complaint to a higher court regarding an injustice or error committed by a lower court. There can only be a right to appeal if expressly provided by law. It then discusses the different levels and types of appeals, including appeals to the Supreme Court, High Court, and Court of Session. It also describes the procedures that must be followed for appeals, such as attaching a copy of the lower court's judgment. The appellate court has powers to dismiss appeals summarily if there is no sufficient ground, or to obtain further evidence and alter or reverse the lower court's decision.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The document discusses the examination of witnesses in criminal trials under Indian evidence law. It explains that witness testimony is examined through examination-in-chief by the party calling the witness, cross-examination by the adverse party, and possible re-examination for clarification. Cross-examination seeks to test witness credibility and elicit favorable facts. A person producing a document is not themselves a witness subject to cross-examination.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
The document discusses the processes of investigation and trial of offences in India. It explains that the police register an FIR and conduct investigations upon receiving information about a cognizable offence. The police then files a police report with the statements and evidence collected before the local magistrate. The magistrate can then take cognizance of the case and either discharge the accused or frame charges and set a date to begin the trial and examination of prosecution and defense witnesses. After considering all evidence presented, the magistrate will then deliver a verdict of acquittal or conviction and determine the sentence if the accused is found guilty.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
This document discusses the rules and principles regarding expert witnesses and examination of witnesses under the Indian Evidence Act 1872.
It defines an expert witness as a person with specialized knowledge or experience in a particular field who can provide opinion testimony to assist the court or factfinders. It outlines the prerequisites for expert testimony, including that the subject requires expert opinion and the witness is truly an expert. While expert opinions are advisory, courts are not bound by them.
The document also discusses different types of witnesses, the process of examining and cross-examining witnesses, relevant provisions around leading questions, refreshing a witness's memory, and prohibitions against indecent, scandalous, insulting or needlessly offensive questions.
This document discusses different types of jurisdiction in legal cases. It explains that pecuniary jurisdiction is determined by the valuation of the subject matter involved in the case. Territorial jurisdiction for cases involving immovable property is discussed in sections 16-18, while section 19 covers territorial jurisdiction for movable property and compensation cases. The key factors determining territorial jurisdiction are where the wrong was committed, where the defendant resides or works, and the plaintiff's option to choose the court. Lack of proper jurisdiction would result in the case being nullified.
Police officers have several powers to investigate cases in India according to the Code of Criminal Procedure. [1] Officers can investigate cognizable cases without a court order. They can examine witnesses and request their attendance. [2] For non-cognizable cases, a magistrate's order is required. Police must submit investigation reports detailing facts and witnesses. [3] If further evidence is found, additional reports can be submitted. Searches and arrests can occur based on reasonable grounds. Overall the document outlines police investigation procedures in India according to the Code of Criminal Procedure.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
1. Order IX of the Code of Civil Procedure deals with the appearance and non-appearance of parties before a court.
2. If both parties fail to appear, the suit can be dismissed. Dismissal does not amount to a decree and no appeal lies, but the plaintiff can file a fresh suit or apply to set aside the dismissal.
3. If the defendant fails to appear after being duly served, the case can proceed ex parte, but the defendant can apply to set aside the ex parte order by showing sufficient cause for their non-appearance.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
ACCOMPLICE EVIDENCE for Indian evidence act 3.pptxaaruniversal
An accomplice is defined as a person who aids or participates in the commission of a crime. There are different categories of accomplices including principals of the first and second degree and accessories before or after the fact. An accomplice witness is someone who witnessed a crime and was also complicit in that same crime. Accomplice testimony is considered unreliable unless corroborated by other evidence due to the accomplice's motive to shift blame or curry favor with prosecutors. As such, courts exercise caution when considering uncorroborated accomplice evidence in determining convictions.
This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
The document defines various criminal offenses under Indian law such as theft, extortion, robbery, criminal breach of trust, cheating, and mischief. It provides definitions for each offense, outlines the essential elements that must be present to constitute the offense, and specifies the applicable punishments. Key offenses covered include theft (dishonestly taking another's movable property without consent), extortion (inducing someone to deliver property by putting them in fear of injury), and criminal breach of trust (dishonest misappropriation or illegal use of entrusted property).
This document discusses attempt and criminal conspiracy under Indian law. It defines attempt as intentionally committing an act towards a crime but falling short of completing it. There are three essential elements for an attempt: intention to commit a crime, an act in furtherance of that intention, and the act falling short of completion. The document outlines different tests used to distinguish attempt from mere preparation, including proximity, res ipsa loquitur, equivocality, and locus poenitentiae. Various criminal offenses under the IPC that include attempt provisions are also listed.
Effects of acknowledgement of limitation actHinal Thakkar
The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
The document defines a First Information Report (FIR) and outlines related procedures. An FIR is the earliest information about a cognizable crime recorded by the police. It can be filed by any person with knowledge of the crime. The FIR must be registered by the police at the local police station where the crime occurred. Guidelines provide that FIR registration is mandatory for cognizable offenses, while preliminary inquiries may be conducted for other cases to determine jurisdiction. Reasons must be provided if there is any delay or refusal to register an FIR. Online filing of FIRs is also available in some states for cognizable offenses.
This document discusses confessions under Indian law. It defines a confession as an admission that suggests the person committed a crime. Confessions can be judicial (made before a magistrate) or extra-judicial (made elsewhere). Judicial confessions can be the sole basis for conviction, while extra-judicial confessions require corroboration and are considered weak evidence. The document outlines the differences between confessions and admissions, as well as what makes a confession relevant or irrelevant in criminal proceedings.
This document discusses confessions under Indian law. It defines a confession as an admission that suggests the person committed a crime. Confessions can be judicial (made before a magistrate) or extra-judicial (made elsewhere). Judicial confessions require no corroboration, while extra-judicial confessions require corroboration and are considered weak evidence. The document outlines the differences between confessions and admissions, as well as irrelevant versus relevant confessions under the Indian Evidence Act.
The document discusses the processes of investigation and trial of offences in India. It explains that the police register an FIR and conduct investigations upon receiving information about a cognizable offence. The police then files a police report with the statements and evidence collected before the local magistrate. The magistrate can then take cognizance of the case and either discharge the accused or frame charges and set a date to begin the trial and examination of prosecution and defense witnesses. After considering all evidence presented, the magistrate will then deliver a verdict of acquittal or conviction and determine the sentence if the accused is found guilty.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
This document discusses the rules and principles regarding expert witnesses and examination of witnesses under the Indian Evidence Act 1872.
It defines an expert witness as a person with specialized knowledge or experience in a particular field who can provide opinion testimony to assist the court or factfinders. It outlines the prerequisites for expert testimony, including that the subject requires expert opinion and the witness is truly an expert. While expert opinions are advisory, courts are not bound by them.
The document also discusses different types of witnesses, the process of examining and cross-examining witnesses, relevant provisions around leading questions, refreshing a witness's memory, and prohibitions against indecent, scandalous, insulting or needlessly offensive questions.
This document discusses different types of jurisdiction in legal cases. It explains that pecuniary jurisdiction is determined by the valuation of the subject matter involved in the case. Territorial jurisdiction for cases involving immovable property is discussed in sections 16-18, while section 19 covers territorial jurisdiction for movable property and compensation cases. The key factors determining territorial jurisdiction are where the wrong was committed, where the defendant resides or works, and the plaintiff's option to choose the court. Lack of proper jurisdiction would result in the case being nullified.
Police officers have several powers to investigate cases in India according to the Code of Criminal Procedure. [1] Officers can investigate cognizable cases without a court order. They can examine witnesses and request their attendance. [2] For non-cognizable cases, a magistrate's order is required. Police must submit investigation reports detailing facts and witnesses. [3] If further evidence is found, additional reports can be submitted. Searches and arrests can occur based on reasonable grounds. Overall the document outlines police investigation procedures in India according to the Code of Criminal Procedure.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
1. Order IX of the Code of Civil Procedure deals with the appearance and non-appearance of parties before a court.
2. If both parties fail to appear, the suit can be dismissed. Dismissal does not amount to a decree and no appeal lies, but the plaintiff can file a fresh suit or apply to set aside the dismissal.
3. If the defendant fails to appear after being duly served, the case can proceed ex parte, but the defendant can apply to set aside the ex parte order by showing sufficient cause for their non-appearance.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
ACCOMPLICE EVIDENCE for Indian evidence act 3.pptxaaruniversal
An accomplice is defined as a person who aids or participates in the commission of a crime. There are different categories of accomplices including principals of the first and second degree and accessories before or after the fact. An accomplice witness is someone who witnessed a crime and was also complicit in that same crime. Accomplice testimony is considered unreliable unless corroborated by other evidence due to the accomplice's motive to shift blame or curry favor with prosecutors. As such, courts exercise caution when considering uncorroborated accomplice evidence in determining convictions.
This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
The document defines various criminal offenses under Indian law such as theft, extortion, robbery, criminal breach of trust, cheating, and mischief. It provides definitions for each offense, outlines the essential elements that must be present to constitute the offense, and specifies the applicable punishments. Key offenses covered include theft (dishonestly taking another's movable property without consent), extortion (inducing someone to deliver property by putting them in fear of injury), and criminal breach of trust (dishonest misappropriation or illegal use of entrusted property).
This document discusses attempt and criminal conspiracy under Indian law. It defines attempt as intentionally committing an act towards a crime but falling short of completing it. There are three essential elements for an attempt: intention to commit a crime, an act in furtherance of that intention, and the act falling short of completion. The document outlines different tests used to distinguish attempt from mere preparation, including proximity, res ipsa loquitur, equivocality, and locus poenitentiae. Various criminal offenses under the IPC that include attempt provisions are also listed.
Effects of acknowledgement of limitation actHinal Thakkar
The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
The document defines a First Information Report (FIR) and outlines related procedures. An FIR is the earliest information about a cognizable crime recorded by the police. It can be filed by any person with knowledge of the crime. The FIR must be registered by the police at the local police station where the crime occurred. Guidelines provide that FIR registration is mandatory for cognizable offenses, while preliminary inquiries may be conducted for other cases to determine jurisdiction. Reasons must be provided if there is any delay or refusal to register an FIR. Online filing of FIRs is also available in some states for cognizable offenses.
This document discusses confessions under Indian law. It defines a confession as an admission that suggests the person committed a crime. Confessions can be judicial (made before a magistrate) or extra-judicial (made elsewhere). Judicial confessions can be the sole basis for conviction, while extra-judicial confessions require corroboration and are considered weak evidence. The document outlines the differences between confessions and admissions, as well as what makes a confession relevant or irrelevant in criminal proceedings.
This document discusses confessions under Indian law. It defines a confession as an admission that suggests the person committed a crime. Confessions can be judicial (made before a magistrate) or extra-judicial (made elsewhere). Judicial confessions require no corroboration, while extra-judicial confessions require corroboration and are considered weak evidence. The document outlines the differences between confessions and admissions, as well as irrelevant versus relevant confessions under the Indian Evidence Act.
LLB LAW NOTES ON LAW OF EVIDENCE
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
One of the most important rights of an individual formally charged with a "serious crime" is the right to a jury trial. ... Persons accused of crimes have the right to have their guilt or innocence determined by a panel of fellow-citizens.
This document discusses eyewitness testimony and confessions as forms of evidence in criminal cases. It provides two case studies of mistaken eyewitness identification that led to wrongful convictions. It also examines factors that can affect the reliability of eyewitness accounts, such as stress, memory reconstruction, focus on weapons, and leading questions. The document outlines approaches to assessing eyewitness testimony, including considering the reliability and accuracy, the perspective of a victim witness, and issues with child witnesses. Finally, it discusses the definition and types of confessions under Indian law, including judicial confessions, extrajudicial confessions, and retracted confessions. The key laws around the admissibility of confessions from the Indian Evidence Act are also summarized.
WITNESSES-COMPETENCE AND EXAMINATION.pptxAkashTandon19
The document discusses witnesses and witness testimony in legal proceedings. It defines a witness as someone who sees, knows, or vouches for something relevant to a court case. Witnesses can be competent to testify unless prevented by factors like age or mental state. There are different types of witnesses including eyewitnesses, expert witnesses, and hostile witnesses who change their testimony. The examination of witnesses includes chief examination, cross-examination, and re-examination. Certain provisions of the Indian Evidence Act govern competence, examination, and credibility of witnesses, who are important for seeking justice in legal cases.
WITNESSES-COMPETENCE AND EXAMINATION.pptxssuser775c16
This document provides an overview of witnesses and witness testimony in Indian law. It discusses who can be a witness, including child witnesses and dumb witnesses. It explains that witnesses must generally only state facts they personally observed, though there are exceptions. It also discusses hostile witnesses and reasons why witnesses may turn hostile, such as threats or monetary inducements. The document outlines relevant provisions of Indian evidence law regarding witnesses and concludes by listing different types of witnesses.
Hearsay evidence refers to statements made out of court that are offered in court as evidence to prove the truth of what was stated. Hearsay evidence is generally inadmissible as evidence because it is not direct evidence and the person who made the original statement cannot be cross-examined. However, hearsay may be allowed if it is not being used to prove the truth of the matter asserted, but rather to show that something was said. The document discusses the definition of hearsay evidence, reasons why it is generally excluded, and examples of cases where hearsay evidence was either admitted or excluded from trials.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
Onus probandi refers to the burden of proof in a court case. The party with the burden of proof, usually the plaintiff in civil trials or the prosecution in criminal trials, must use evidence to convince the decision maker that their side of the story is true. The level of proof required depends on the type of case, from a preponderance of evidence in civil cases to beyond a reasonable doubt in criminal cases. The party with the burden of proof is responsible for shifting the accepted conclusion away from the opposing side's view to their own view through evidence.
CHARLES DYER'S NOT GUILTY VERDICT FOR THE FEDERAL WEAPONS CHARGE! Deborah Swan
Charles Dyer was set up by a member of the ARM , American Resistance Movement, by giving him what appeared to be a grenade launcher. This type of weapon is legal for Charles to won do o his firearm military training. This is the case documents of his federal charge of having a stolen military weapon in his possession. Charles demanded a jury trial. The jury found Charles not guilty!
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!
Qanun-e- Shahdath Order , {Documentary evidence}ShahMuhammad55
This document discusses documentary evidence in criminal trials under Pakistani law. It begins by introducing the stages of a criminal trial and the types of evidence presented. It then focuses on documentary evidence, explaining how documents are admitted into evidence and the best evidence rule. Key points include: documents must be properly submitted by the prosecution or defense and examined; the contents of a document are proven by the document itself under the best evidence rule; and documentary evidence has precedence over oral testimony in contradicting a document's contents according to Articles 102 and 103 of Pakistan's Evidence Act.
The document discusses the criminal trial process and the roles and duties of prosecutors and defense attorneys in an adversarial legal system. It provides details on how a trial is conducted, including the presentation of evidence and arguments by both sides. It emphasizes that the goal of a trial is to determine guilt or innocence while upholding principles of fairness and justice. Both prosecutors and defense attorneys have a duty to represent their clients resolutely while respecting the tribunal and administration of justice.
This presentation is made by Mr.Shubham Ramesh Wadhonkar, student at Narayanrao Chavan Law College Nanded.
This presentation is related to Burden Of Proof which is an important concept in Law Of Evidence.
For more law related material , go on YouTube and search "Shubham Wadhonkar".
This presentation is made only for help purpose and for knowledge sharing.
Understanding indian criminal justice system for class 8 kendriya vidyalya, n...chiranjith prabhu
understanding our criminal justice system for class 8 for kendriya vidyalaya gives an overview about the lesson. definition of judge, FIR, cognizable offence, defence lawyer, public prosecutor etc. Article 22 and article 21 are clearly explained. Duties of police are also mentioned.
1. The document discusses the concept of coercion or duress in contract law. Coercion is defined as committing or threatening any act forbidden by the Indian Penal Code or unlawfully detaining property with the intention of causing someone to enter an agreement.
2. Coercion removes a person's freedom of choice and substitutes their aims with those coercing them. It affects the constraints under which a person maximizes their objectives, rather than removing their objectives entirely.
3. Coercion under Indian law is broader than the English law concept of duress, which originally only recognized threats of violence. Duress now includes threats to property or economic interests. However, legitimate commercial pressure to
This document discusses different types of witnesses and rules for giving evidence. It defines a witness as someone who observes an event or scene. There are various kinds of witnesses including interested witnesses, chance witnesses, stock witnesses, expert witnesses, prosecution/defense witnesses, eyewitnesses, official witnesses, related witnesses, hostile witnesses, and dumb witnesses. The rules for giving evidence include taking an oath, different stages of examination, rules regarding validity and authenticity of evidence, and restrictions on leading questions.
UNITED NATIONS CONVENTION AGAINST TORTURE.pptxAnjana S Kumar
The document summarizes the United Nations Convention Against Torture (UNCAT). It describes UNCAT as an international treaty adopted in 1984 that aims to prevent and eradicate torture. The summary outlines UNCAT's key provisions including defining torture, prohibiting torture, non-refoulement, criminalizing torture, training officials, and establishing the Committee Against Torture. It also briefly discusses India's approach to ratifying UNCAT and mechanisms that supplement UNCAT such as the Optional Protocol and special rapporteur.
ISLAMIC CRIMINAL JUSTICE SYSTEM
Islamic law refers to the diverse legal systems that have been and continue to be produced with the objective of being in accord with the Islamic faith. It is also known as sharia law, the word sharia means the clear, well-trodden path to water in Arabic.
According to the Islamic law there are certain exceptions for criminal liability which are as follows :
An insane person till he becomes sane.
A child till he grows to the age of
puberty.
An intoxicated person.
Other conditions (coercion, necessity, mistake , performance of right or duty, or self defense)
The Quran directly provides for certain punishments such as murder and bodily injured (qisas) theft, fornication, robbery and defamation (Hudud). It also provide for the prohibition of drinking alcohol.
DEFINITION, NATURE AND TYPES OF SOCIAL CONTROL
TYPES OF CRIME PREVENTION, TECHINQUES OF CRIME PREVENTION
E.A. ROSS, an American Sociologist was the first to introduce this concept in his book ‘Social control ‘. He defined social control as the system of devices whereby society brings its members into conformity with the accepted standards of behavior.
Formal social control is exercised by law, legislation, military force, police force, administrative devices, political ,educational , economic institutions etc.
Informal social control includes gossip, slander, public opinion, sympathy ,folkways , mores, customs, religion, morality etc.
The document discusses domestic violence and the Protection of Women from Domestic Violence Act 2005 in India. It provides definitions of key terms under the act like aggrieved person, domestic relationship, domestic violence, etc. It outlines the salient features of the act including the woman's right to housing and protection orders. It describes the procedures for obtaining relief orders and the types of relief available which include protection, residence, monetary compensation and custody orders. Finally, it summarizes two important court cases related to domestic violence cases and interpretation of terms under the act.
The document discusses post-victimization counselling, guidance, and rehabilitation for special victims of crime and child abuse. It explains that victims of crimes experience long-term psychological wounds and need specialized mental health support. Counselling helps victims process difficult feelings in a safe environment. Effective counselling services provide emotional support, assistance, and information. The document outlines techniques for post-victimization counselling and discusses the unique needs and rehabilitation approaches for special victim groups like women, elderly people, LGBTQ+ individuals, and children. It also examines recent laws in India to better protect and care for vulnerable victims.
FEMINIST THEORY IN CRIMINOLOGY
Feminist theory is a major branch within sociology, that shifts its assumptions, analytical lens and topical focus away from the male viewpoint and experience toward that of women.
It emphasis on gender distinction i.e., inequality resulting and of the system of patriarchy (i.e., men being more privileged in comparison to women)
FEMINIST THEORY IN CRIMINOLOGY
This branch focuses on the dominance of men over women and the impact it has on crimes by (female criminality)and against women(female victimization).
The development of different explanations of female criminality and conformity happened.
General ‘gendering’ of crime ,which include gendered explanations of certain male criminality.
Feminist theory in criminology attempt to explain the
treatment of women by the criminal justice system. In that
importance was given to how female victims of rape and other
sexual assault was treated by police,prosecution and judges.
Instrumental learning, also known as operant conditioning, is a type of associative learning where behaviors are modified by reinforcement or punishment. B.F. Skinner developed operant conditioning based on Thorndike's "Law of Effect." Reinforcement increases behavior when a stimulus is added or removed after a behavior, while punishment decreases behavior. Skinner studied operant conditioning using a Skinner box and identified schedules of reinforcement like continuous, partial, fixed ratio, and variable interval reinforcement. While incomplete, operant conditioning explains a variety of behaviors and can be applied in different settings.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
2. DEFINITION OF CONFESSION
Mr. Justice Stephen in his digest of law of evidence defined confession as “Confession is
an admission made at any time by a person charged with a crime stating or suggesting
the inference that he committed that crime”.
Confession is an statement that fulfills any two conditions :
If he states that he committed the crime he is charged with
If his statements gives some inference that he might have committed the crime.
Confession, if voluntarily and truthfully made is an “ efficient proof of guilt”.
It is an important piece Of evidence.
A voluntary admission, declaration or acknowledgement (made orally or in writing) by
one who has committed a felony or a misdemeanor that he committed the crime/offense or
participated in its commission.
3. CONFESSION ADMISSION
Section 17 : Admission is any
statement made in either form such
as oral, documentary or in electronic
form which has enough probative
value to suggest or conclude any
inference as to any fact in issue or
relevant fact.
When any person voluntarily
acknowledges the existence of any
facts in issue or facts.
Confessions are always used or go
against the confessor of the
statements.
Not defined in Indian Evidence
Act ,but the inference
explained under the definition
of admission in section 17 of
Indian Evidence Act also
applies to confession in the
same manner.
The confession is something
which is made by the person
who is charged with any
criminal offences
Confessions are always used or
go against the confessor of the
statements.
4. CONFESSION ADMISSION
Admissions may be operated as
estoppels because they are not
conclusive as to the facts admitted by
the person who in his statement admit
some facts.
Admission cannot be used against the
person who is admitting the facts by any
statements as they don’t have much
probative evidentiary value. Hence the
admission made by the different
personalities of the same suit cannot be
used as evidence against other persons.
Admission gives the conclusion about
the liability of the person who is
admitting any facts or matter either in
the form of oral or written statements.
If the confessions are purposefully
and are made on someone’s own will
then it may be accepted as
conclusive of the facts confessed by
the confessor.
Confessions confessed by more than
one person jointly for the same
offence can be considered against
other accused of the same crime
under Section 30 of the Indian
Evidence Act.
Confession is the direct admission of
matter or facts of the cases either in
the form of a written or oral
statement.
6. JUDICIAL
CONFESSION
JUDICIAL CONFESSION also known as FORMAL CONFESSION are those statements
which are made before an office of magistrate or in the court of law during any criminal
proceedings .
• A judicial confession not much other than a “plea of guilty” as per the provision explained
under Article 20(3) of Indian Constitution, otherwise any confession made against the
person who is making the confession will have no evidentiary value and he cannot be
concluded guilty of any offence on the behalf of such confession.
• It may even consist of conversation to oneself , which may be produced in evidence if
overheard by another.
For Example: In Sahoo v/s State of Uttar Pradesh; The accused who was charged with the
murder of his daughter-in-law with whom he was always quarreling was seen on the day of
murder going out of the home, saying words to the effect: “ I finished her and with her the daily
quarrels”. The statement was held to be confession relevant in evidence, for it is not necessary
for the relevancy of a confession that it should be communicated to some other person.
7. EXTRA JUDICIAL
CONFESSION
EXTRA-JUDICIAL CONFESSIONS also known as INFORMAL CONFESSIONS are those
which are made by the accused elsewhere than before a magistrate or in court. It is not
necessary that the statements should have been addressed to any definite individual. It
may have taken place in the form of a prayer. It may be a confession to a private person. An
extra-judicial confession has been defined to mean “ a free and voluntary confession of guilt
by a person accused of a crime in the course of conversation with persons other than judge
or magistrate seized of the charge against himself.
• It is a fundamental principle of the court that a prisoner’s confession outside the court is
only admissible, if it is voluntary.
• The value of confession is determined by the veracity of the person to whom the
confession is made and who appears to testify to it.
• An extra-judicial confession is, in the very nature of things a weak piece of evidence.
There should be no difficulty in rejecting it if it lacks in probability.
8. RETRACTED
CONFESSION
Retraction confession is a type of confession which is previously voluntarily made by the
confessor but afterwards it is revoked or retracted by the same confessor. Retracted
confession can be utilized against the person who is confessing some retracted statements if
it is substantiated by another independent and corroborative evidence. Retraction of
statements is something that happens in most criminal cases. The reason behind the same
may be the inadequate police protection or the ill-developed mechanism for witness
protection or the inherent securities of the witnesses or the accused under the influence of
the status of the opposing party as happens in almost all the high profile cases.
In India, retractions are as plentiful as confessions. This goes to show that most confessions
do no proceed from a feeling of penitence and remorse as they should, but that they have
their source in the inducement, threat, torture, hope or any other non-validating cause.[8]
Thus, to retract from a confession is the right of the confessor and all the accused have
invariably adopted that right.
9. VOLUNTARY
CONFESSION
A voluntary confession is a
confession that has not been
coerced or forced from you and
has been made with your true and
free will. If you make a confession
that is not voluntary , it cannot be
admitted as evidence against you
in your trial. Even if a confession
was given voluntarily , it may still
be inadmissible because of the
oppressive or unfair
circumstances in which it was
obtained.
10. INDUCED
CONFESSION
Section 24:Confession caused by inducement ,threat or promise when irrelevant in criminal
proceeding-A confession made by an accused person is irrelevant in a criminal proceeding ,
if the making of the confession appears to the Court to have been caused by any
inducement ,threat or promise.
The conditions of irrelevancy under section are:
1.The confession must be the result of inducement, threat, or promise.
2.Inducement, etc. should proceed from a person in authority;
3.It should relate to the charge in question ;and
4.It should hold out some worldly benefit or disadvantage.
When these conditions are present, t6he confession is said to be not free and will not be
receivable in evidence.
11. 1.INDUCEMENT, THREAT OR PROMISE
A confession should be free and voluntary. If it flows from hope or
fear, excited by a person in authority, it is inadmissible.
It is for the prosecution to prove affirmatively that the confession
was free and voluntary. It is sufficient for the purpose of excluding
a confession that the confession appears to have been the result of
an inducement, even if it is not proved that the inducement reached
the accused.
2.PERSON IN AUTHORITY
The second requirement is that the inducement, threat or promise
should proceed from a person in authority.
3.INDUCEMENT, THREAT OR PROMISE SHOULD BE IN
REFERENCE TO CHARGE
The section says that the inducement must have reference to the
charge against the accused person.
12. CO-ACCUSED
CONFESSION
When more than one persons are being jointly tried for one and the same offence or
offences they are called co-accused. Any one of them is at liberty to confess to his own guilt
and his confession will have the full force of evidence against him. But when he records a
confession implicating himself as well his other co-accused, that is called the confession of
a co-accused and the question arises what is its value against the other non-confessing co-
accused. Some guidance is to be found in section 30, which provides that such confession is
relevant against all the accused persons. All that session say is that such confession may
be taken into consideration against all of them, leaving the weight of the confession to the
discretion of the court.
13. CONFESSION TO
POLICE
Section 25 provides that “No statements
made to a Police Officer shall be
considered as a confession for the
purpose of proving that confession
against that person who is accused to
the case”. The terms explained under
Section 25 of this Act has vital
importance which makes sure that any
confession made by the accused to the
police officer under any circumstances
until provided, is totally not admissible
as evidence in a court of law against the
accused to prove his guilt.
14. WHY CONFESSION GIVEN TO POLICE IS NOT CONSIDERED AS
EVIDENCE ?
If confessions to police were allowed to be proved in evidence, the police would torture the accused and
thus force him to confess to a crime which he might not have a committed. A confession so obtained would
naturally be unreliable. It would not would be voluntary. Such a confession will be irrelevant.
When police are busy on their short-route to success, good evidence may disappear due to inattention to
the real clues.
When the confession is being given to someone else and the policeman is only casually present and
overhears it that will not destroy the voluntary nature of the confession.
But where that person is a secret agent of the police deputed for the very purpose of receiving a confession,
it will suffer from blemish of being a confession to police.
This principle of exclusion applies only to statement which amount to a confession. If a statement falls
short of a confession, that is, it doesn’t admit the guilt in terms or sustainability all the facts which
constitute the offence, it will be admissible even if made to a policeman, for example, the statement of an
accused to the police that he witnessed the murderer in question. The statement being not a confession
was received in evidence against him, as showing his presence on the spot.
EFFECT OF POLICE PRESENCE
15. STATEMENTS DURING INVESTIGATION AND BEFORE ACCUSATION
A confessional statement made by a person to the police even before he is accused of any offence
is equally irrelevant.
A confession is considered involuntary if it is made during an investigation which by its nature,
duration or other attendant circumstances creates hopes or fears or so effects the mind of
suspect that his will crumbles.
Only that part of a confessional First Information Report is admissible which does not amount to a
confession or which comes under the scope of section 27. The non confessional part of the FIR can be
used as evidence against the accused as showing his conduct under section 8.
CONFESSIONAL FIR
Though the statements to police made by the confessing accused cannot be used
in evidence against him, he can himself rely on those statements in his defence.
Once the guilt was established through other evidence, he was permitted to rely
upon his statement.
USE OF CONFESSIONAL STATEMENT BY ACCUSED
16. CONFESSION IN POLICE CUSTODY
Section 26 provides that a confession which is made in custody of a police officer cannot be proved
against him. Unless it is made before a magistrate. No confession is made to anybody while the
person making it is in the police custody is provable.
The confession made to a police officer or to anyone else while the accused is in police custody are
not different in kind and quality. Both are likely to suffer from the blemish of not being free and
voluntary.
PRESENCE OF MAGISTRATE
The section recognizes one exception. If the accused confesses while in police custody but in the
immediate presence of a magistrate, the confession will be valid.
Immediate presence of the magistrate means his presence in the same room, where the confession
is being recorded.
A confession made while the accused is in judicial custody or lockup will be revelant,even if the
accused is being guarded by policemen.
17. HOW MUCH OF INFORMATION RECEIVED
FROM ACCUSED MAY BE PROVED?
SECTION 27 says that, when any fact is deposed to as discovered in consequence of
information received from a person accused of any offence, in the custody of a police officer, so
much of such information, whether it amounts to a confession or not, as relates distinctly to
the fact thereby discovered, may be proved.
CONFESSION TO POLICE AND CONSEQUENTIAL DISCOVERIES :
Under the Evidence Act ,there are two situations in which confessions to police are admitted
in evidence.
One is when the statement is made in the immediate presence of a Magistrate ,and the
second ,when the statement leads to the discovery of a fact connected with the crime.
The discovery assures the truth of the statement and makes it reliable even it was extorted .
This is so provided in Section 27.
Statements made by the accused in connection with an investigation in some other case
which lead to the discovery of a fact are also relevant .That part of an involuntary confession
confirmed by the discovery of real evidence is admissible because the truth of the statement is
established by that evidence.
18. Only the information that definitely relates to the facts discovered is admissible. The information
must be recorded. Where it is not recorded ,the exact information must be adduced through evidence.
It is necessary that the person in question should be accused of some offence. Where without any
accusation a person was brought to the police station for interrogation, his statement and
consequential discovery of a fact were held to be not relevant under section 27.
Requirements Under The Section- the conditions necessary for the application of section 27 are:
1. The fact must have been discovered in the consequence of the information received from the
accused.
2. The person giving the information must be accused of an offence.
3. He must be in custody of a police officer.
4. That portion only of the information which relates distinctly to the fact discovered can be proved.
The rest is inadmissible.
5. Before the statement is proved, somebody must depose that articles were discovered in consequence
of the information received from the accused. In the example given above, before the statement of the
accused could be proved, somebody, such a sub-inspector, must depose that in consequence of the
given information given by the accused, some facts were discovered.
6. The fact discovered must be a relevant fact, that is, to say it must relate to the commission of the
crime in question.
19. EVIDENTIARY VALUE OF CONFESSION
Confessions are considered highly reliable because no rational person would make an admission
against himself unless prompted by his conscience to tell the truth. The evidentiary value of a
confession has been explained by the Supreme Court in quite a few cases and the one among them is
the decision of SARKARIA, J., in Shankaria v. State of Rajasthan,5 The learned Judge said: "It is
well settled that a confession, if voluntarily and truthfully made, is an efficacious proof of guilt.
Therefore, when in a capital case the prosecution demands conviction of the accused primarily on
the basis of his confession recorded under S. 164, Cr. P.C., the court must apply a double test:(1)
whether the confession was perfectly voluntary; (2) if so, whether it is true and trustworthy.
PROCEDURE OF RECORDING JUDICIAL CONFESSION
The Judge after referring to the facts of the case to find out whether the confession in question was
voluntary. The magistrate who recorded the confession asks the accused a number of questions to
find out whether he was not being forced by the police to confess and he would be given 24 hours
time in judicial custody to consider whether he should confess or not.
20. CONCLUSION
This change in the Evidence Act is necessary so as to invigorate the trust and faith of the
people of India in the Judiciary that they will be provided imparted speedy justice to the
wrongs done to them by any person. The draft Criminal Law (Amendment) Bill, 2003 in
its statement of objects and reasons mentions that the disposal of criminal trials in the
courts takes considerable time and that in many cases trial do not commence for as long
as 3 to 5 years after the accused was remitted to judicial custody. In lieu of this, it is
pertinent that provisions of Criminal Law be changed so as to reduce the time needed for
a common person to get justice. After all “Justice should not only be done, but also be
seen to be done”.
Confession is an important form of evidence which is used for proving the case in a court
of law. Based on documents of things we collect during the evidence is not helpful to
prove the case with. It is not always feasible or adequate to base a case only on
documentary evidence collected. This is where confession comes as a vital form of
evidence. There are other forms of evidence which are used to prove the case but
confession is the most valuable form of evidence which cannot be rejected in the court of
law.
21. BIBILIOGRAPHY
1. Principles of the law of evidence – Dr. Avtar Singh
2. http://www.legalservicesindia.com/article/1547/Confession-under-Indian-Evidence-Act.html
3. https://blog.ipleaders.in/confessions-under-the-indian-evidence-act/
4. https://lexforti.com/legal-news/types-of-confessions-under-the-indian-evidence-act/
22. Submitted by: Anjana S Kumar (4111)
Devika P V (4115)
J Greeshma Reddy (4119)
Course: M.A/M.Sc. in Applied Criminology and Police Studies
Paper: Criminal Investigation
Submitted to: Dr. Swikar Lama
Assistant professor
Dept. of criminology and police studies