Confession Under Police Custody Safeguards
What is a Confession?
A confession is a statement made by an accused person admitting guilt of the crime.
Confessions can be made to the police or before a magistrate.
Confession Under Police Custody
Confessions made to police officers are considered inadmissible as evidence under Indian law.
The rationale: Police custody is a vulnerable situation where the accused may be subjected to coercion, torture, or threat to extract confessions.
Legal Safeguards for Confession under Police Custody
Section 24, Indian Evidence Act, 1872
Confessions made to police officers are not admissible as evidence in court.
This provision excludes confessions to police due to the potential for coercion.
Section 25, Indian Evidence Act
Confession made by accused while in police custody cannot be proved against him.
Section 26, Indian Evidence Act
Confession obtained by inducement, threat, or promise from a person in custody is also inadmissible.
Section 27, Indian Evidence Act
Exception: If a confession leads police to recover a fact or object (e.g., weapon), that fact can be proved.
Article 20(3), Constitution of India
No person can be compelled to be a witness against himself; protects against forced confessions.
Directions from Courts
Police must follow proper procedure during interrogation.
Accused must be informed of rights, allowed to meet lawyer and relatives.
Interrogation must be recorded in presence of magistrate or through electronic means.
Important Case Laws on Confession Under Police Custody and Safeguards
1. Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424
Facts: The accused claimed her confession was obtained under coercion.
Issue: Whether confession was voluntary and admissible.
Judgment: The Supreme Court held that the prosecution must prove the confession was voluntary and not under coercion.
Significance: Emphasized the burden on prosecution to prove voluntariness.
2. Raman Vs. The State of Maharashtra (1971) AIR 1377
Facts: Confession made in police custody was used as evidence.
Issue: Admissibility of police confession.
Judgment: Supreme Court ruled that confession made to police is inadmissible.
Significance: Reaffirmed Section 25 and exclusion of police confessions.
3. K.N. Bhat v. Union of India (1974) 2 SCC 754
Facts: Accused alleged confession was made under threat.
Issue: Whether confession was voluntary.
Judgment: Supreme Court stressed that any confession must be voluntary, free from inducement or threat.
Significance: Strengthened safeguard against forced confessions.
4. State of Rajasthan v. Kashi Ram (2006) 12 SCC 254
Facts: Confession was part of evidence in a murder case.
Issue: Validity of confession recorded in police custody.
Judgment: Court held that confessions to police are inadmissible, but if confession leads to recovery (Section 27), recovery can be used as evidence.
Significance: Clarified distinction between confession and evidence derived from it.
5. Selvi v. State of Karnataka (2010) 7 SCC 263
Facts: Accused challenged the use of narco-analysis, polygraph tests during interrogation.
Issue: Whether such methods violate rights under Article 20(3).
Judgment: Supreme Court held that involuntary techniques to extract confession violate constitutional protections and are inadmissible.
Significance: Upheld the right against self-incrimination.
6. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Facts: Question of recording confessions and procedural safeguards.
Issue: Whether magistrates must be present when confessions are recorded.
Judgment: Court emphasized that confession must be recorded before magistrate or competent authority, not only police.
Significance: Strengthened procedural safeguards.
Summary Table: Confession Under Police Custody and Safeguards
| Aspect | Explanation |
|---|---|
| Confession to Police | Generally inadmissible (Section 25, Evidence Act) |
| Voluntariness | Must be free from coercion, threat, or inducement |
| Burden of Proof | On prosecution to prove confession was voluntary |
| Exception (Section 27) | Facts discovered due to confession can be admitted |
| Constitutional Protection | Article 20(3) - Right against self-incrimination |
| Modern Safeguards | Recording of interrogation, presence of magistrate |
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