This document discusses the meaning and relevance of confessions in criminal cases under Indian law. It defines a confession as an admission by an accused person that they committed an offense. All confessions are admissions, but not all admissions are confessions. The document outlines when confessions are considered relevant evidence, such as when they are not made under inducement, threat or promise to gain advantage, and when they lead to the discovery of factual information. It also discusses sections of Indian law that pertain to the admissibility of confessions made to police or in police custody.

1. BY: Prof. Mayank David Raiborde

2. Meaning
“Confession is an admission made by a person who is and accused of an offence
suggesting an inference that he has committed the offence.”
A simple statement or admission when
a person (accused) of and offence he
admits that “I have committed an
offence or crime”.
If the admission is made up by and
accused in a criminal case trial, where
he admits that he has committed a
crime, then that admission converts
into confession.

3. Contd…
“All Confessions are Admissions but all admissions are not Confessions”
 It is not defined in any section so section 17 will be valid for the definition of Confession too. If that
statement is about admitting the crime committed by the accused.
ADMISSION
CONFESSION

4. RELEVANCY OF CONFESSION
• Section 24: Confessions caused by inducement, threat or promises will be
irrelevant if following conditions are proved/fulfilled:
Statement should be
a confession
obtained by
• Inducement,
• Threat, or
• Promise
It should be
made by and
Accused.
It should be
made to such
person who is
in authority.
(Judges,
Police, I.O)
Person makes
confession to
gain any
advantage or
avoid any evil
in reference to
proceedings
against him.

5. • Section 25: Confession to Police not to be Proved (Not admissible).
Who is Police Officer ?
Power to make
investigation
Power to file a
report against
criminal and have
him prosecuted
Case: Abdul Rashid Vs. State of Bihar 2001 SC.
Confession made to Superintendent of Excise under Bihar and Orrisa Excise Act was held
inadmissible.
• Non-Confessional part will be admissible.
• If it is confessional FIR, then the confessional part will be inadmissible and other than that
will be admissible.

6. • Section 26: Confession made in Police custody not to be proved (not admissible)
Except in the immediate presence of Magistrate
Police custody- Under Control of Police
Actual Constructive
Confession made to prisoners.
Confession made to doctor while police is standing outside.
Confession made to driver when police is not inside car.

7. • Section 27: How much information received from accused may be
proved.

8. • Section 27: How much information received from accused may be proved.
Person is
accused of an
offence and in
police custody
He makes
confessional of
Non-
confessional
statement
In such statement
he discloses about
the place of hiding
pf object related
to offence
Disclosure
Statement
The object is
discovered
from place of
hiding
Discovery
Statement
Admissible u/s
27

15. When Confessions made are relevant:
• When it is not made to Police Officer.
• When its made in police custody but in the immediate presence of Magistrate.
• When statement leads to discovery of fact u/s 27 IEA.
• When confession is made after the impression caused by inducement, threat or
promise has been removed – Section 28.