Confession caused by inducement, threat or promise when irrelevant in criminal proceedings
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.
§ A confession is a statement which admits in terms the offence or, at any rate, substantially all the facts which constitute the offence.
§ Confessions and admissions are to be used as a whole. (State of TN v. Kutty, 2001)
§ Giving a warning that the confession would be used against the accused is a fundamental principal of criminal jurisprudence. (N S R Krishna Prasad v. DE, 1992)
Labels: Evidence
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