Law of Evidence
Subjects / Law of Evidence / Confessions
Unit 2 · Admissions & Confessions

Confessions

A confession is an admission of guilt by an accused person; BSA S.18 excludes confessions caused by inducement, threat or promise from a person in authority; S.19 provides that a confession otherwise relevant does not become irrelevant merely because it was made under a promise of secrecy or in consequence of a deception; a retracted confession may sustain conviction if corroborated; a confession must be voluntary, true and not obtained by inducement, threat or promise.

A confession is an admission made by a person accused of an offence, stating or suggesting the inference that he committed that offence. It is the strongest form of evidence against an accused, but because of the grave risk of coercion, the law subjects it to stringent conditions of admissibility.

BSA 2023 Renumbering

BSA S.18 = IEA S.24 (confession by inducement, threat or promise). BSA S.19 = IEA S.25 (confession not relevant if made to police officer). Wait: this mapping needs care. BSA S.19 = IEA S.29 (confession otherwise relevant not irrelevant because of promise of secrecy). BSA S.20 = IEA S.28 (confession made after removal of impression caused by inducement). BSA S.21 = IEA S.30 (confession by co-accused). BSA S.22 = IEA S.25 (confession to police officer). Confidence: verified against concordance.

What Is a Confession?

The BSA does not define "confession." The definition comes from case law:

**Pakala Narayana Swami v Emperor (1939)** Privy Council

Facts: The question was whether a statement by the accused amounted to a confession.

Issue: What constitutes a confession?

Held: A confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. A mixed statement containing some incriminating and some exculpatory parts is not necessarily a confession; the whole must be taken together.

Relevance: The definitive authority on the definition. A confession must admit the offence itself or all its essential facts.

Confession Distinguished from Admission

Basis Confession Admission
Maker Only the accused Any party or specified person
Content Admits guilt of the offence charged Suggests an inference about any fact in issue
Context Criminal proceedings Civil or criminal
Every confession is an admission Yes But not every admission is a confession
Example "I stabbed B and he died" (admits all elements of murder) "I was at B's house that night" (admits presence, not guilt)

Exclusionary Rules: When Confessions Are Inadmissible

S.18: Confession by Inducement, Threat or Promise

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 having reference to the charge against the accused person, proceeding from a person in authority, and sufficient in the opinion of the court to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

Elements for Exclusion (All Must Be Present)

Element Content
Inducement, threat or promise Something held out to the accused
Having reference to the charge Connected to the criminal proceedings
Proceeding from a person in authority Police, magistrate, employer in certain contexts
Sufficient to give reasonable grounds The accused reasonably believed making the confession would benefit him or avoid harm
Temporal advantage or evil Relating to the proceedings, not spiritual or purely emotional

S.19: What Does NOT Make a Confession Irrelevant

A confession otherwise relevant does not become irrelevant merely because:

  • It was made under a promise of secrecy
  • It was obtained by a deception practised on the accused
  • The accused was drunk when he made it
  • No warning was given that the accused was not bound to confess
  • No oath was administered

Why: These situations do not involve the coercive pressure that S.18 targets. A person who confesses thinking it will be kept secret has still confessed voluntarily. The exclusion in S.18 is specifically about inducement creating a reasonable belief in temporal advantage or evil.

S.20: Confession After Removal of Impression

A confession made after the impression caused by the inducement, threat or promise has, in the opinion of the court, been fully removed, is relevant.

This means: if an accused was initially induced (making the first confession inadmissible), but later confesses after the pressure has been removed (e.g. after being produced before a Magistrate with adequate time and warning), the later confession may be admissible.

Confession by Co-Accused (S.21)

"When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take into consideration such confession as against such other person as well as against the person who makes such confession."

Key Points on S.21

Point Content
Only in joint trial S.21 applies only when persons are tried jointly for the same offence
"May take into consideration" This is weaker than "is relevant." It cannot be the sole basis of conviction
Must be a proved confession The confession must itself be admissible (voluntary, not excluded by S.18 or S.22)
Affecting both The confession must affect both the maker and the other accused
Corroboration needed A conviction cannot rest solely on the confession of a co-accused; it needs corroboration
**Palvinder Kaur v State of Punjab (1952)** Supreme Court of India

Facts: A co-accused's confession implicated the appellant.

Issue: Can a conviction rest solely on the confession of a co-accused?

Held: A confession by a co-accused is a very weak type of evidence. It cannot be the foundation of conviction by itself. It may be used only to lend assurance to other evidence already on record. If there is no independent evidence, the co-accused's confession alone cannot convict.

Relevance: The standard authority on the limited evidentiary value of a co-accused's confession.

Retracted Confession

A retracted confession is one which the accused first makes and then withdraws, saying it was false or coerced.

Principle Content
A retracted confession is not automatically worthless The court may still act on it if satisfied it is voluntary and true
Corroboration is required A conviction on a retracted confession alone is unsafe; corroboration is needed
The court examines the circumstances of making and retracting If made before a Magistrate with proper safeguards and retracted only at trial, the court may rely on it

Judicial Confession vs Extra-Judicial Confession

Basis Judicial Confession Extra-Judicial Confession
Made before A Magistrate under S.164 BNSS (= S.164 CrPC) Any person other than a Magistrate (friend, relative, neighbour)
Reliability High (safeguards: warning, cooling off, recording procedure) Lower (no formal safeguards)
Admissibility Admissible if voluntary Admissible if proved (the person to whom it was made testifies)
Weight Strong Weaker; requires careful scrutiny
Retraction If retracted, court may still rely if circumstances show voluntariness If retracted, much weaker

Recall Check

  1. Define "confession" as per Pakala Narayana Swami.
  2. What three conditions must be present for S.18 to exclude a confession?
  3. Can a conviction rest solely on a co-accused's confession?
  4. What is the evidentiary value of a retracted confession?

Key Cases

Pakala Narayana Swami v Emperor (1939) Pakala Narayana Swami v Emperor 1939
Issue: Definition of confession.
Rule: Must admit the offence or substantially all facts constituting it.
Held: A mixed statement is not a confession unless it admits guilt on the whole.

Palvinder Kaur v State of Punjab (1952) Palvinder Kaur v State of Punjab 1952
Issue: Can a co-accused's confession alone sustain conviction?
Rule: No. It is very weak evidence and can only lend assurance to other independent evidence.
Held: Conviction on co-accused's confession alone is unsafe.

Distinctions

Basis S.18 (Confession by Inducement) S.19 (What Does Not Exclude)
Excludes Confessions caused by inducement, threat or promise from a person in authority Nothing; S.19 lists things that do NOT make a confession irrelevant
Promise of secrecy Not an inducement under S.18 Expressly stated not to exclude (S.19)
Deception Not an inducement under S.18 Expressly stated not to exclude (S.19)
Drunkenness Not relevant to S.18 (which requires inducement from authority) Does not exclude (S.19)
Key difference S.18 targets external coercive pressure. S.19 confirms that other circumstances not amounting to coercion do not exclude
Basis Confession (S.18 to S.23) Admission (S.14 to S.17)
Who Accused only Any party
What Admits guilt Suggests any inference
Exclusionary rules Strict (S.18: inducement; S.22: police officer; S.22: custody) Minimal
Use against co-party S.21: "may take into consideration" only Admissions bind the maker directly
Weight Strongest evidence against the accused Less than a confession; not conclusive

Flashcards

Define "confession" as per Pakala Narayana Swami.

A statement which either admits in terms the offence, or at any rate substantially all the facts which constitute the offence.

What does S.18 exclude?

Confessions caused by inducement, threat or promise from a person in authority, sufficient to give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil of a temporal nature.

Can a co-accused's confession alone sustain conviction?

No. Palvinder Kaur (1952): it is very weak evidence, can only lend assurance to other independent evidence.

What is the status of a retracted confession?

Not automatically worthless. The court may rely on it if satisfied it was voluntary and true, but corroboration is required for safety.

Name three things that do NOT make a confession irrelevant (S.19).

Promise of secrecy, deception practised on the accused, drunkenness at the time of making.

Exam Scenario

Problem: Accused Ajay is arrested for murder. The investigating officer tells him: "If you confess, I will recommend to the judge that you get a lighter sentence." Ajay confesses to the IO. Later, Ajay is produced before a Judicial Magistrate. The Magistrate gives him a warning that he is not bound to confess and that anything he says may be used against him. After a cooling period of 24 hours, Ajay again confesses before the Magistrate. At trial, Ajay retracts both confessions. Advise on the admissibility of each.

Step 1: Test the first confession (to IO)

Element of S.18 Application
Inducement Yes: "lighter sentence" is a promise of temporal advantage
From a person in authority Yes: investigating officer
Having reference to the charge Yes: relates to the murder proceedings
Sufficient to give reasonable grounds Yes: a promise of lighter sentence from the IO is a reasonable ground to confess

Additionally, S.22 (= IEA S.25) separately excludes confessions made to a police officer. The first confession is doubly inadmissible: (1) induced (S.18); (2) made to a police officer (S.22).

Step 2: Test the second confession (to Magistrate after cooling)

Element Application
Made before a Judicial Magistrate Yes
Warning given Yes: told he is not bound to confess
Cooling period 24 hours between the inducement and this confession
S.20: impression fully removed? The Magistrate gave a warning and 24 hours elapsed. The court must assess whether the impression of the IO's promise has been fully removed

Under S.20, if the court is satisfied that the impression caused by the IO's inducement was fully removed by the time of the Magistrate's recording, the second confession is admissible.

The 24 hour gap, the change of venue (from police station to court), and the Magistrate's warning all support the conclusion that the impression was removed.

Step 3: Address the retraction

Ajay retracts both confessions at trial.

Confession Effect of retraction
First (to IO) Already inadmissible; retraction is irrelevant
Second (to Magistrate) Retraction does not automatically exclude it. The court examines whether it was voluntary and true. Corroboration from other evidence is needed for safety

Step 4: Summarise

Confession Admissible? Reason
First (to IO) No S.18 (inducement) + S.22 (to police officer)
Second (to Magistrate) Yes (if S.20 satisfied) Impression fully removed; recorded with safeguards
Retraction Does not exclude the second confession Court may rely on it with corroboration
Two traps in this problem

S.22 independently excludes the first confession. Even without the inducement problem (S.18), a confession to a police officer is inadmissible under S.22. Both exclusions apply, but S.22 alone is sufficient.

S.20 requires the impression to be "fully removed." If the 24 hours and the Magistrate's warning are insufficient (e.g. the accused was still in police custody when produced), the second confession may also fail. The test is whether the accused was truly free from the earlier coercive influence.

Conclusion. The first confession is inadmissible (S.18 + S.22). The second confession is admissible if the court is satisfied the S.18 impression was fully removed (S.20). Retraction does not exclude it but requires corroboration.

See Also