LAW OF CONFESSION
&
ADMISSION
BY
Mian Ali Haider
L.L.B., L.L.M. (Cum Laude)
U.K.
INTRODUCTION
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CONFESSION EVIDENCE
ADMISSION EVIDENCE
Law dealing with both Doctrines
Article 31-45 QSO
Cross Reference
46(1), 162, 164, 364
ADMISSION
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A voluntary acknowledgement made by a party of
the existence of truth of certain facts which are in
consistent with the claims in action
Article 30 expounds two modes for admission and
complete layout
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By virtue of oral statement
By virtue of documentary statement
Classification of admission
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Formal
Informal
Vicarious
ADMISSION
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It is immaterial to whom the admission is
made, but there is test in QSO for a statement
to be treated as Admission
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Statements by parties to proceeding 31(1)
Statements by agents of parties 31(1)
Litigation in representative character 31(2)
Pecuniary or proprietary interest in suit 31(3) a
From person interest is derived 31(3) b
ADMISSION
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Value of admission as proof
If admission is made against his own interest
shall be presumed to be correct unless
contrary.
Admission by dead person 46
They are not conclusive proof in nature, but
are relevant and also if made clearly and
unequivocally is considered to be the best
evidence.
CONFESSION EVIDENCE
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Confession must either admit in terms of offence or
any rate substantially all the facts which constitutes
the offence.
 Mens Rea
 Actus Reas
Essential Requirements
 Must implicate himself substantially
 As the other
What if he exonerates himself?
CONFESSION EVIDENCE
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Where the maker completely exonerates
himself and throws the burden on others
 Such
statements has to be excluded
 Such statements were robbed of all evidentiary
value
 Against other accused
 Cast a doubt on the veracity of the maker
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Statement containing self- exculpatory matter
which, if true, would negative offence
confessed, is not confession
CONFESSION BEFORE POLICE
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Art. 38 envisages that no confession made to a police officer
shall be proved against an accused
Art. 39 elaborates no confession made by any person whilst he
is in the custody of a police officer, unless it be made in the
immediate presence of a Magistrate, shall be proved as against
person.
Art. 40 “contains the exception”
 When any fact is deposed to as discovered in consequence
of information received from a person accused of any
offence, in the custody of a police-officer, so much of such
information, whether it amounts to a confession or not, as
relates distinctly to the fact thereby discovered, may be
proved.
CONFESSION BEFORE POLICE
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Art. 40 exception to the extent of recovery or any other material
fact.
 Recovery witness u/s 161
 Role of 162
It appears that Art. 38 and 162 in some circumstances stand
together
Sec 162 is confined to the statements made to a police officers in
course of an investigation
Art. 38 covers confession made to a police officer before any
investigation has begun.
 Art. 40 exception or proviso to Art. 39 which includes any
statement made by a person whilst in custody of the police &
appears to apply to such statement to whomsoever made e.g.
fellow prisoners, doctors etc
Person
Accused Of Any Offence, In The Custody Of
A Police-officer
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Word custody for the purposes of Art. 40 does not necessarily
mean
 Detention or Confinement
 Submission to custody by word or action under sec 46(1)
could amount to custody
Police Custody
Also does not necessarily means formal arrest which also
include police surveillance and restrictions on the moment of
the person concerned by the police
 In the absence to the contrary he is not claims to be at
liberty.
CONFESSION MADE UNDER
THREAT
JUDICIAL CONFESSIONS
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Recorded under Section 164 read with Section
364 Cr.P.C. and Chapter 13 of the High Court
Rules and Order V. III, and Article 91 of 1984
Order
When recording judicial confession two issue
arises to check the credibility of the statement
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'voluntariness'; or
'unfairness',
All judicial confessions bears the stamps of
recording magistrate, so the responsibility leans
on them.
'Voluntariness’, 'Unfairness',
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Any fear of prejudice;
Hope of advantage; or
Oppression.
It has been defined as 'the exercise of authority or
power in a burdensome, harsh, or wrongful manner;
unjust or cruel treatment of subjects, inferiors, etc., or
the imposition of unreasonable or unjust burdens‘
Intrinsic value of the confession to evaluate the
voluntariness and unfairness
SOLEMN DUTY UPON THE
MEGISTRATES
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1.
2.
3.
4.
5.
6.
Guide lines with respect to questions regarding
confession.
For how long have you been with the police?
Has any pressure been brought to bear upon you to
make a confession?
Have you been threatened to make a confession?
Has any inducement been given to you?
Have you been told that you will be made an
approver?
Why are you making this confession?
SOLEMN DUTY UPON THE
MEGISTRATES
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These are merely directive in nature
Sole object and dominant purpose behind all
these instructions issue to them is that;
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They must always real and earnest endaviour to
ensure that the confession of the accused are
recorded by them are free and voluntary
And are not caused by any inducement threat or
promise
Avoid Slightest tinge or taint
Each case has to be decided by on its own merits
CONFESSION IS RETRACTED
AT TRIAL
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Accused denying having confessed their guilt
before any magistrate while giving their
statements before committing magistrate.
But while on trial in sessions court stating
same having been obtained forcibly by torture
accused stand not only inconsistent but also
not supported by any evidence
Could not be struck down as inadmissible
EXTRA – JUDICIAL
CONFESSIONA
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one made before a person: Other than
Magistrate, its evidentiary value
One weak piece of evidence cannot
corroborate another similar evidence
Extra judicial confession alone without any
corroboration was not sufficient to maintain
any conviction
Where no fact is discovered with reference to
art. 40 cannot be relied upon as evidence
DELAYED CONFESSION
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Khan Muhammed & Others Vs. The State
1999 SCMR 1818
“that delay in recording of
confession by itself cannot render
the
confession
nugatory
if
otherwise it is proved on record
that the same was made voluntary”
Reading Material
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Pakala N. Swami - AIR 1939 PC 47;
Liaqat Bahadur – PLD 1987 FSC 43, 49;
A Nagesia – AIR 1966 SC 119, 123
PLD 2004 Q 118;
AIR 1972 SC 3;
Queen v Bahu Lal – ILR 6 All. 509;
Naqeebullah – PLD 1978 Sc 21, 33;
Dhani Bakhsh – PLD 1975 SC 187;
Naqeebulla – PLD 1978 SC 21, 32;
Ahmed Hassan – 2001 SCMR 505;
Zia – ur – Rehman 2001 SCMR 1405
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