Retracted confession

Retracted means act of taking or drawing back or retract

means withdraw, take back, retreat, drawback, pull back.
A retracted confession is a confession subsequently retracted
from.
Extra judicial confession are already weaker type of evidence so
party not bound by them but the confession made in front of
magistrate are of great value and once made it is difficult to
revoke or retract them once made.
But certain situations are there in which they can be retracted
1. Stage of retraction
2. Other Corroboration
3. Circumstances of the case
4. If accused proved that formalities not observed
5. If accused proved that it was taken by force, threat, or
promise.
Retracted confession:
A retracted confession is admissible in evidence provided it is
determined to have been made voluntarily and freely and is fully
corroborated by authentic evidence as regards factum of crime and
accused connection with the said crime.
Retracted confession even if found to be true cannot be sole basis for
conviction unless corroborated in material particulars.
Confession when admissible:
Admissibility and relevancy of a confession though basically question of
law depends upon the facts of each case. Confession would be
inadmissible if its making appears to the Court have been caused by nay
inducement threat or promise or is made before the police officer or at
the time when the accused was in the custody of the police. Police
officer as provided by Art. 37, 38, 39 of the QSO, 1984.

“Determination of the question of

admissibility or otherwise of the confession is
left solely with the Court”.
(All details are present in my audio lecture)