CONFESSION

Introduction
 There is no definition of confession in Law of evidence.
 The word "confession" means an admission of a criminating circumstance, which
suggests the inference that the person making the statement committed the crime.
 Section 24 Provides as shield to the accused, if the circumstances showing that such
confession was not , voluntary, it was caused due to external compulsions.
 Man may be prone to speak falsehood but circumstantial evidence will not. Falsity is
counted from man's proclivity to faltering but when it is tested on the anvil of
circumstantial evidence truth trans.
Section 24 of the Evidence Act, the following ingredients are
required to be established:
(a) the statement in question is a confession
(b) such confession has been made by an accused;
(c) it has been made to a person in authority;
(d) it was obtained by reason of any inducement, threat or promise proceeding from a
person in authority;
(e) such inducement, threat or promise must have reference to the charge against the
accused person; and
(f) the inducement, threat or promise must be, in the opinion of the Court is sufficient to
give an accused person grounds which would appear to him to be reasonable by 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.
 K.I. Pavunny v. Assistant Collector, 1997, SC.
 The question, therefore, is; whether the appellant was a person accused of an offence
on December 15, 1980 at 1.00 p.m. when the confessional statement was given by the
appellant, admittedly, in his own hand-writing, (Ex. P-4) being the English translation
thereof) on the even date or when he was summoned by PW-2 and PW-5 to the
Customs office on the same day?
 It is seen that the connotation of the words "person accused of the offence" under
Section 24 of the Evidence Act is generally referable to initiate investigation of
cognisable offence.
 It is not necessary, for the purpose of this case, to undertake elaborate consideration as
to when the person becomes a person accused of an offence.
Matrix of Inculpatory & Exculpatory
■ The confession should be substantially self-implicatory in nature. And also
exculpatory.
■ Only exculpatory not admissible.
■ Only Inculpatory not admissible.