CONFESSION


CONFESSION


  1. Ä  What is confession? Who can record it and under what conditions?
  2. Ä  What procedure is laid down in law in recording confession of an accused person? Explain with some examples.
  3. Ä  What is the procedure laid down in recording confession of an accused person? Explain in detail?
  4. Ä  What is confession? At what stage it can be recorded? What is the procedure of recording confession under Cr.P.C?
  5. Ä  What is confession? How it can be recorded? Whether the statement under section 164 Cr.P.C can be used against an accused and under what circumstances?


INTRODUCTION

RELEVANT PROVISIONS
Section 164, 364 and 533 of Cr.P.C
Article 33 to 43 of Q.S.O
DEFINITION OF CONFESSION
                        “A confession is a statement made by
                        an accused which must either admit in terms the offence or
                        at any rate substantially all the facts
                        which constitute the offence.”
KINDS OF CONFESSION
Following are the kinds of confession;
i)                    Judicial Confession
ii)                  Extra Judicial Confession
STAGES FOR RECORDING AND MAKING CONFESSION

i)                    During investigation u/sec 164
ii)                  During trial u/sec 364

CONFESSION DURING CONFESSION
I-                    AUTHORITY EMPOWERED TO RECORD
i-                    Any Magistrate of 1st Class
ii-                  Any Magistrate of 2nd Class
iii-                If specially empowered by Provincial Government.

II-                  MANNER OF RECORDING CONFESSION

III-                TIME TO RECORD CONFESSION

IV-               SIGNING OF CONFESSION

V-                 CONFESSION NOT BE RECORDED ON OATH

PLD 1971 KAR. 299

VI-               DUTY OF MAGISTRATE

VII-             SATISFACTION OF MAGISTRATE

VIII-           MAKING OF MEMORANDUM

IX-               MAGISTRATE NEED NOT HAVE JURISDICTION

X-                 CONFESSION TO BE ACCEPTED OR REJECTED AS WHOLE

1998 P.Cr.L.J 1247
ESSENTIALS OF CONFESSION
Two essential requirements
i-                    Made voluntarily and
ii-                  Must be proved during trial

2003 Y.L.R 1481

CONFESSION DURING TRIAL AND INQUIRIES U/SEC 364
1-      PROCEDURE
I-                    CONFESSION TO BE RECORDED IN FULL

II-                  LANGUAGE OF CONFESSION

III-                CONFESSION TO BE READ OVER AND INTERPRETED TO ACCUSED

IV-               LIBERTY TO EXPLAIN OR ADD TO ANSWER

V-                 SIGNING OF RECORD

2-      PROCEDURE WHEN CONFESSION IS NOT RECORDED BY MAGISTRATE

a)      MAKING OF MEMORANDUM

b)     MAGISTRATE UNABLE TO MAKE MEMORANDUM

EFFECT OF RECORDED CONFESSION

CONCLUSION


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