'Confession caused by inducement, threat or promise is irrelevant'. Explain briefly.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2019
'Confession caused by inducement, threat or promise is irrelevant'. Explain briefly.

Answer & Explanation:

According to Section 24 of the Indian Evidence Act, 1872, confession caused by inducement, threat or promise is irrelevant. To attract the prohibition contained in Section 24 of the Evidence Act the following six facts must be established: that the statement in question is a confession; that such confession has been made by an accused person; that it has been made to a person in authority; that the confession has been obtained by reason of any inducement, threat or promise proceeded from a person in authority; such inducement, threat or promise, must have reference to the charge against the accused person; the inducement, threat or promise must in the opinion of the Court be sufficient 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. To exclude the confession it is not always necessary to prove that it was the result of inducement, threat or promise. It is sufficient if a legitimate doubt is created in the mind of the Court or it appears to the Court that the confession was not voluntary. It is however for the accused to create this doubt and not for the prosecution to prove that it was voluntarily made. A confession if voluntary and truthfully made is an efficacious proof of guilt.

Topics: Indian Evidence Act, 1872

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