Confession and dying declaration are vital concepts under the Indian Evidence Act, 1872, particularly in criminal law, as they provide substantive evidence in trials. Both help courts determine the truth, but they differ in scope, legal effect, and conditions under which they are admissible. Understanding these concepts is crucial for ensuring justice, fairness, and reliability in criminal proceedings.
Confession
Meaning and Concept
A confession is a statement made by an accused person admitting guilt for a crime, either wholly or partly. Confessions can be voluntary or induced, but the law distinguishes between admissible and inadmissible confessions.
- Section 24–30 of the Indian Evidence Act, 1872 govern confessions.
- Section 24: Confession caused by inducement, threat, or promise is involuntary and generally inadmissible.
- Section 25: Confession made to a police officer is not admissible in court.
- Section 26: Confession made while in police custody must comply with safeguards.
- Section 27: Confession leading to discovery of fact (discovery of object, weapon, or evidence) is admissible even if the confession itself is partly inadmissible.
Key Features
- Voluntariness: Must be made without coercion, threat, or undue influence.
- Knowledge: The accused must understand the consequences of the confession.
- Evidence: Confession is substantive evidence, not just corroborative.
- Exclusion: Statements made to police, or under inducement, are excluded unless they lead to discovery of facts.
Important Case Laws
- State of U.P. v. Rajesh Gautam (2003) 1 SCC 49: Emphasized voluntariness as essential for admissibility.
- Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424: Confession must be made without compulsion and with full awareness of consequences.
Dying Declaration
Meaning and Concept
A dying declaration (DD) is a statement made by a person who believes death is imminent, concerning the cause of their death or the circumstances leading to it. The rationale is that a person on the verge of death is unlikely to lie, making it highly credible.
- Section 32(1) of the Indian Evidence Act, 1872 governs dying declarations.
- Applicable in cases of homicide, murder, or grievous bodily injury where the victim dies.
Key Features
- Belief of Imminent Death: The declarant must believe death is near.
- Relevance: Only statements related to cause or circumstances of death are admissible.
- Substantive Evidence: Dying declarations are admissible as substantive evidence, not merely corroborative.
- Recording: Can be oral or written; courts may consider the circumstances of recording (e.g., before magistrate, police, or hospital authority).
Important Case Laws
- Bachan Singh v. State of Punjab (1980) 2 SCC 684: Affirmed that dying declarations can be sole basis for conviction if credible.
- Lallu Yeshwant Singh v. State of Madhya Pradesh (1976) AIR 1763): Courts emphasized judicial discretion in assessing reliability.
- Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116: Oral dying declarations can be relied upon if recorded properly and found trustworthy.
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Differences Between Confession and Dying Declaration
| Feature | Confession | Dying Declaration |
|---|---|---|
| Definition | Statement admitting guilt by accused | Statement by a person who believes death is imminent about cause of death |
| Section | Sections 24–30, Indian Evidence Act | Section 32(1), Indian Evidence Act |
| Voluntariness | Must be voluntary | No inducement required; truthfulness assumed due to impending death |
| Made By | Accused | Victim or deceased |
| Purpose | Proves guilt | Explains cause of death or circumstances |
| Admissibility | Excluded if made to police or under threat | Admissible even if made to police or others, subject to credibility |
| Evidence Type | Substantive | Substantive |
| Reliability | Scrutinized by court | Presumed reliable but court assesses circumstances |
Significance in Criminal Law
- Both serve as primary evidence in criminal trials, particularly in murder, culpable homicide, and assault cases.
- Courts exercise caution while evaluating confessions and dying declarations to ensure no miscarriage of justice occurs.
- Judicial precedents emphasize the need for credibility, voluntariness, and corroboration where necessary.
Challenges
- False confessions under duress remain a major concern.
- Reliability of dying declaration can be questioned if the declarant is unconscious or under influence of medication.
- Police influence may compromise the voluntariness of confessions or the circumstances of recording DD.
Conclusion
Confessions and dying declarations are critical evidentiary tools under the Indian Evidence Act, 1872. While confessions reflect an accused person’s admission of guilt, dying declarations provide the court with insights into the circumstances leading to death. Both are substantive evidence, but their admissibility depends on voluntariness, credibility, and proper recording. Proper judicial scrutiny ensures that these statements contribute effectively to truth-finding and justice delivery.
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