On Confession
By
Justice Lehar Singh Mehta
The treatment of confession forms a vast and comprehensive subject of study, which has perplexed even the jurists of great eminence. Its absorbing interest and absence of any practical and exhaustive treatise on the subject are excuse enough for presenting myself before the readers more as a student than one having any claims to be heard.
The definition of confession is not found in the Indian Evidence Act. Sir James Stephen has defined con Session as “An admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that, crime”. Statement that contains a self-exculpatory matter does not amount to a confession, if the exculpatory statement is of some fact, which, if true, would negative the offence. A confession must admit substantially all the facts which constitute the offence. It must be made either in the course of investigation or at any time afterwards, but before the commencement of inquiry or trial. Ever ....