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Extra Judicial Confession a Bad Law

By Rajendra Saran Agarwal

Published In

CrLj 1965

The word ‘Confession’ is not defined in the Evidence Act. Stephen in his Digest of the Law of Evidence defined it as “an admission made at any time by a person charged with crime stating or suggesting the inference that he committed the crime”. The language used in the definition given by Stephen is too wide and it facilities non-plenary confessions also as confessions. In order to distinguish between a confession and an admission a simple test can be applied. If the statement by itself is sufficient to prove the guilt of the maker, it is a confession. If, on the other hand, the statement falls short of it, it amounts to an “admission.” Where there is a direct admission of guilt, it is not possible to treat the statement as an admission. The acid test which distinguishes a confession from an admission is that where conviction can be based on the statement alone, it is a confession and where some supplementary evidence is needed to authorise a conv ....

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