Can Conviction Be Based On Retracted Confession?

Which section of Act acts with confession under promise of secrecy?

Section 29 in The Indian Evidence Act, 1872.

29.

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc..

Can a confession be retracted?

A confession is said to be retracted only where the accused admits that he/she made the confession and then denies the truth to what is stated therein. … The corroboration must be in material particulars so as to satisfy the court that the confession, even though retracted, may be acted upon.

What is the evidentiary value of retracted confession?

It is only as a matter of prudence and caution which has sanctioned itself into a rule of law that retracted confession cannot be made the sole basis of conviction unless it is corroborated.

Is a confession direct evidence?

There are two types of evidence — direct and circumstantial. Direct evidence usually is that which speaks for itself: eyewitness accounts, a confession, or a weapon.

Who is a co accused?

co-accused. DEFINITIONS1. 1. one of two or more people or organizations accused of the same crime. Scott and her co-accused, Greenbury, were both charged with theft and attempted burglary.

What is the difference between a co accused and accomplice?

Approver can only be regarded as always an accomplice whereas an accomplice need not necessarily be required to be an approver as in order to become an approver both the accomplice and co-accused is required to reveal the truth regarding offence or rather confess their criminal act for an exchange to grant concession …

Can confession become irrelevant?

This section says that in criminal proceedings, confession made by an accused person is meaningless if confession appears to have been induced by any incitement, threat or pledge, relating to the accused person, coming from an authorized person and, in the opinion of the court, sufficient to give the accused person …

What does fully retracted mean?

The sense of the word retract meaning to draw back or withdraw comes from the mid-16th century, and its meaning was clear when Napoleon Bonaparte said, “In politics… … Cats can retract their claws, and some snakes can retract their fangs, but words spoken in anger can never be fully retracted, or taken back.

Who can make confession under Indian Evidence Act?

Section 24 of Indian Evidence Act provides that a confession made by a person who is accused of some offence is irrelevant if such confession comes out of any inducement, threat or promise and such instances have proceeded from a person in authority like police, magistrate, court etc., the other condition of this …

Is a confession enough to prosecute?

A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. … In some states, the prosecution can’t even present evidence of the defendant’s confession (for example, by playing a recording of it) without this kind of corroboration.

What do you mean by the Indian Evidence Act of 1872?

Section 3 of the Indian Evidence Act, 1872 defines Evidence as – “––“Evidence” means and includes ––(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic …

What is confession in law of evidence?

The word “confession” appears for the first time in Section 24 of the Indian Evidence Act. … Justice Stephen in his Digest of the law of Evidence defines 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.”

What is the meaning of retracted?

transitive verb. 1 : to draw back or in cats retract their claws. 2a : take back, withdraw retract a confession. b : disavow.

What is confession by co accused?

When more persons are accused than one are being tried jointly for the same offense, and a confession made by one of such persons are affected by himself and some other of such persons is proved, the Court may take into consideration such confession as against such person as well as against the person making such …

What are the two types of confession?

Kinds of Confession: Judicial confession. Extra-Judicial Confession. Retracted Confession. Confession by co-accused.

Can a co accused be a witness?

Thus, Section 133 of the Evidence Act, in specific terms lays down that “An accomplice shall be a competent witness against an accused person…”. Since a co-accused is also an accomplice, therefore a co-accused is also a competent witness.

What makes a confession admissible in court?

CONFESSIONS ARE ADMISSIBLE ONLY WHEN THEY ARE MADE VOLUNTARILY, AND THE BURDEN FOR PROVING THAT A CONFESSION WAS MADE VOLUNTARILY RESTS WITH THE PROSECUTION. THE PROSECUTION MUST SHOW THAT THE CONFESSION WAS NOT EXTRACTED BY ANY SORT OF THREAT OR VIOLENCE OR OBTAINED BY ANY PROMISE OR EXERTION OF IMPROPER INFLUENCE.

Who can record confession?

According to section 164(1) of CrPC, Judicial Magistrate or the Metropolitan Magistrate, whether or not having jurisdiction in the matter can record the confession or statement made to him in the course of the investigation.

What is the meaning of message retracted?

If you didn’t mean to send a particular message, you can retract it. When you retract a message, it no longer appears on your devices or your contact’s device. If you want to remove the messages from your devices only, you can delete a message.

What is a retraction letter?

A retraction letter is a document that withdraws, or rescinds, a previous claim. In the world of construction and mechanics lien rights, a retraction letter is most often used to retract a preliminary notice or a notice of intent to lien.