False Confession and the way it is treated in various jurisdictions of the world
(Assignment 1)
Course:
Evidence law II
Submitted to:
Miss. Zahish
Submitted by:
Fehmida kanwal
(Registration No: LLB-2017-05)
Semester:
LLB-IV (2017-2022)
Spring 2020
Date of Submission:
April 30, 2021
Department of Law
Fatima Jinnah Women University, Rawalpindi
Contents
Abstract .......................................................................................................................................................... i
Introduction .................................................................................................................................................. 1
False confession ............................................................................................................................................ 1
Kinds of false confession ........................................................................................................................... 1
Are false confession admissible in the court? .............................................................................................. 2
Confession is voluntary is a question of fact ................................................................................................ 2
False confession in Qanun-e-shahadat ......................................................................................................... 2
Article 38, 39 of QSO 1984 ........................................................................................................................ 2
Case law ................................................................................................................................................ 3
Admissibility of false confession in Qanun-e-shahadat ................................................................................ 3
Consequences of giving false confession ...................................................................................................... 4
Criminal charges........................................................................................................................................ 4
False confession under Islamic law ............................................................................................................... 4
Concept of false confession in UK................................................................................................................. 5
Birmingham Six case law ........................................................................................................................... 5
Concept of false confession in US ................................................................................................................. 6
Coerced internalized self-confession ........................................................................................................ 6
Peter Reilly case ........................................................................................................................................ 6
Corroboration with confession ................................................................................................................. 7
Conclusion ..................................................................................................................................................... 8
Abstract
A scholar writes: “The introduction of a confession makes the other aspects of a trial in court
superfluous”. In this assignment the main work is on false confession. False confession is
something where the confessor confessed something which he haven’t done so. UK and US were
having the problems like in Pakistan and little bit of false confession in Islamic law. Though in US
they are using the electronic means to record the interrogative substance. Even though some lope
holes are still there. The most of the cases were of the inducement by the police because of the
threat by the police the accused person confessed the crime. Even the accused were not aware of
their right if they don’t want to speak they may remain silent.
i
Introduction
Confession is actually the self-incriminating statements that were given mostly by the accused
about the crime. False confession is something where the accused confesses something under
pressure, force, inducement or may be because of the promise of lessor punishment or reward.
In various countries, whenever an accused was taken by the police the innocent confesses the crime
what they haven’t committed.1
False confession
False confession is something when a person admits he has done some act that was not lawful and
in fact he haven’t committed. False confession is usually because of any threat, use of force,
inducement even because of any promise made between the confessor and the third party.
Confession is always and always by the accused person as laid down by the Qanun.e. shahadat. 2
Kinds of false confession
Voluntary false confession
In this type of confession the confessor made that confession voluntarily without any coercion by
the police.
Complaint confession
This type of confession is mostly the result of any reward by the third party.
Internalized confession
1
LaMance, K. (2018-05-20 17:44:55). false confession.
2
LaMance, K. (2018-05-20 17:). What Is a False Confession?
1
In this, the confessor may be confessed because of his mental incapacity, mental illness.3
Are false confession admissible in the court?
False confession are not admissible in the court; in no form because they are not voluntary either.
Confession is voluntary is a question of fact
The legal requirement that must be fulfilled in order to take confession:

Confession must be voluntary and true without any kind of duress.

The same must be proved at the trial. Otherwise the confession cannot be admitted as an
legal piece of an evidence.4
False confession in Qanun-e-shahadat
Article 38 lays down that the confession be irrelevant in criminal proceedings if it appears to the
court that it was caused because of any threat, inducement or promise.
Whenever an accused confesses of any crime that he haven’t committed may be under pressure or
due to the threat will amount to false confession.5
Article 38, 39 of QSO 1984
The confession made before the police by an accused are not accepted or that may be rejected and
they need not to be proved.
3
id
4
malik, n. a. (2107). the qanun-e- Shahadat 1984. irfan law book house.
5
id
2
The confessions made by the accused within the custody were not admissible in the court of law
may be they were being taken due to any torture by the police I done so will amount to an false
confession.6
Case law
PCr.LJ 214
A confession made before the police will have no legal value.
Prosecution can rely on those confessional statement in compliance with the article 39 of QSO
1984 that the confession was made in the presence of magistrate.7
Admissibility of false confession in Qanun-e-shahadat
False confessions are not admissible in court. In QSO any confession made that is because of any
kind of threat, use of force or result of promise is not admissible. If a confession is found to be
false, the judge will likely strike the statement from the records and it cannot be used as
evidence. Also, the person making the false confession may be subjected to further penalties for
lying in court.
If a false confession was obtained through force or violence, the statement will not be admissible
in court. Whether they are true or false, involuntary confessions are inadmissible.8
6
grano. (1993). confession .
7
malik, n. a. (2107). the qanun-e- Shahadat 1984. irfan law book house
8
LaMance, K. (2018-05-20 17:44:55). false confession.
3
Consequences of giving false confession
Criminal charges

The accused may be charged of giving false evidence. It will depend upon whom authority
he is giving such confessional statement.

May be charged of perjury.

May be charged he was lying to the police.

He may be charged of the contempt of the court. Anyhow it’s something distractible to the
court proceedings
Sometimes the confession seems false
a) When it was later discovered that the crime wasn’t committed.
b) That additional evidence shows that it was impossible for the confessor to do such crime.
c) That real perpetrator wasn’t having any connection to the defendant was linked and
apprehended.
False confession under Islamic law
The Islamic law explicitly prohibits the use of beatings, torture, or inhuman treatment to extract a
confession. This type of treatment violates the dignity of the accused, results in a loss of confidence
in the Islamic system of justice, and creates a risk of false confessions. The use of torture is a
sin.9The Prophet warned that "God shall torture on the Day of Recompense those who inflict
torture on people in life,"10 and one scholar admonished that "it is better that they should face God
with their offenses than I should have to meet God for torturing them."11
9
M. SHARIF. CRIMES AND PUNISHMENT IN ISLAM 7-10 (1972).
10
11
N. COULSON, A HISTORY OF ISLAMIC LAW 12 (1964).
Khan. Juristic Clmsijication oj Islamic Law, 6 Hous. J. INT'L L. 23, 27 (1983).
4
Concept of false confession in UK
In UK about 25% of the suspects makes the false confession due to the pressure of the police,
techniques they haven’t know, or even they were not aware by the law that they are not bound to
answer they may remain silent. Many of the accused confessed and become convicted and
afterwards, they become to know that those convicted persons were just an innocent person. Below
will be the cases of such disclosure.12
Birmingham Six case law
Facts of the case
There was an attack on the two of the Birmingham pubs in 1975

There 200 people were being injured and almost 21 died.

The attack was being attributed to the provincial IRA.

Six of the suspected were being taken over by the police.

They confessed in the police custody and that confession was taken under pressure.
Judgment

The judge announced the judgment and the suspected were being convicted on the basis of
their confession.

Six of the catholic immigrants were being handed over the life sentences by the court.
Analysis
12
Suspects confess to crimes they didn’t commit – here’s why. (August 16, 2018 1.52am AEST). The Conversation
Media Group Ltd
5
That confession was being of the pressure of the police and that amount to a false confession. After
16 years those innocent person were released by the court. They were abused by the police in the
police custody as well. Mostly the false confession were because of the force used by the police
in this case that same happens. This type of pressure and force is just convicting the innocent
persons and devastated to their lives.
Concept of false confession in US
For the confessions US is taking the causations in the early sixteen and seventeen centuries
confessions were treated at the true values. Though the confession is actually the self-incriminating
statements the accused were being forced to make the confession that will amount to an false
confession. In case of disputed confessions whenever there will be doubt of any false confession
due to any threat or use of force the jury is there for the innocent and the independent judgment
was to be held for the voluntariness of the accused person.13
Coerced internalized self-confession
In which innocent person who is anxious, sleep-deprived, confusion or sometimes due to
presentation of the wrong evidence makes a false confession. Here is the example of such case.
Peter Reilly case
Facts of the case
13

In this case, peter returned home from his school.

He found her mother was murdered by someone. He immediately called the police.

Police in spite of considering the mental and emotional condition of peter interrogated him.
grano. (1993). confession .
6

They showed him a polygraph and he failed to do so.

They inspected him for 24 hour and on such bases they said peter had confessed even he
was not having any memory of so doing.

Peter from confusion, emotion he confessed the crime which he hadn’t committed either.
Judgment
He was convicted for his mother’s murder. Which he hadn’t done.After two years, by the
independent evidence they came to know that he hadn’t committed the murder he confessed
falsely.14
Corroboration with confession
In US, with confession they needed separate independent evidence. The corroboration is being
necessary there that was based on the principle Corpus delicti literally means: body of the crime
that was the material substance upon which a crime has been committed. 15
The US evidence system was based on this principle though in real this wasn’t doing much. They
are using the electronic recording system for the interrogation process.16
14
Barthel. (1976). peter reilly case.
Æ, S. M. (2009). Police-Induced Confessions: Risk Factors and Recommendations
16
Garner. (2004, p. 310).). false confession.
15
7
Conclusion
It is to be concluded here that the false confession is actually a danger to the legal system of the
countries. Even the innocent persons were being induced to give the confessional statements of
the crimes they haven’t even committed.
Sometimes they do confessed may be for saving somebody. A preventive measures should be
taken by the authorities and the independent corroboration should be taken in this respect because
it’s the matter of somebodies life.
8
Bibliography:

Æ, S. M. (2009). Police-Induced Confessions: Risk Factors and Recommendations.

Barthel. (1976). peter reilly case.

basit, M. a. (january,2018). The code of criminal procedure 1898. Federal law house.

Garner. (2004, p. 310).). false confession.

grano. (1993). confession .

LaMance, K. (2018-05-20 17:). What Is a False Confession?

LaMance, K. (2018-05-20 17:44:55). false confession.

malik, n. a. (2107). the qanun-e- Shahadat 1984. irfan law book house.

McCormick. ( 1972). confession.

Suspects confess to crimes they didn’t commit – here’s why. (August 16, 2018 1.52am
AEST). The Conversation Media Group Ltd.
9