Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
Full Text
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, coercion 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:
Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant:
Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
Plain English Summary
Invalidates involuntary confessions while defining specific scenarios where they remain relevant.
Key Legal Elements
- Involuntary confession criteria
- Role of Person in Authority
- Proviso: Impression removal
- Proviso: Deception or Drunkenness
Practical Note
Protects accused persons from custodial pressure. A "person in authority" includes anyone capable of influencing the prosecution. Note that deception or lack of warning does not automatically invalidate a voluntary confession.
हिंदी पाठ
अभियुक्त द्वारा की गई संस्वीकृति विसंगत है यदि वह किसी प्राधिकारी व्यक्ति द्वारा प्रलोभन, धमकी, जबरदस्ती या वादे के माध्यम से कराई गई हो।
परंतु यदि धमकी का प्रभाव पूरी तरह से हट जाने के बाद संस्वीकृति की गई है, तो वह सुसंगत है।
परंतु यह और कि यदि संस्वीकृति अन्यथा सुसंगत है, तो वह केवल गोपनीयता के वादे, धोखे, नशे या चेतावनी की कमी के कारण विसंगत नहीं होगी।