Q. What do you mean by confession? State the classification of confession.
Meaning of Confession
A confession is a statement made by a person accused of an offence, admitting that they have
committed the crime or played a vital role in its commission. Though the Bharatiya Sakshya
Adhiniyam, 2023 (BSA) does not define “confession” separately, it is treated as a species of
admission under Section 15.
The judicial understanding remains guided by precedent. In Pakala Narayana Swami v. Emperor
(1939), the Privy Council stated that a confession must either admit the offence in terms or at least
admit substantially all the facts which constitute the offence.
In simple terms, a confession is a voluntary acknowledgment of guilt by the accused in a criminal
case and may be used against them if made under proper legal safeguards.
Classification of Confession
Confessions can be classified as follows:
1. Judicial Confession
These are confessions made before a Magistrate or in court, during the course of judicial
proceedings. Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
(corresponding to Section 164 CrPC), a Magistrate can record a confession after ensuring it is made
voluntarily.
● Judicial confessions are considered highly reliable.
● They may form the sole basis for conviction if found voluntary and true.
2. Extra-Judicial Confession
These are confessions made to persons other than a Magistrate or court, such as to a friend, relative,
or private individual.
● Admissible under Section 22 of BSA, but treated as weak evidence.
● Requires strong corroboration before it can be relied upon for conviction.
3. Confession to Police
As per Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, a confession made to a police officer
is generally inadmissible in evidence if:
● It is made to a police officer while the person is in custody, unless it is made in the
immediate presence of a Magistrate.
This provision seeks to prevent coercion, custodial pressure, and ensure fairness in criminal
investigations.
Exception (Discovery Under Custody):
Under Section 25 of BSA (similar to Section 27 of IEA), if a fact is discovered based on
information given by the accused while in custody, that portion of the statement which leads to such
discovery is admissible in evidence—even if the rest of the confession is inadmissible.
4. Retracted Confession
This refers to a confession which the accused initially made but later denies or withdraws.
● Courts approach such confessions with great caution.
● A conviction can be based on a retracted confession only if it is voluntary and corroborated
by other evidence.
Conclusion
Confession is a critical piece of evidence in criminal law, but it must be handled with strict
procedural safeguards. The Bharatiya Sakshya Adhiniyam, 2023, continues to reflect the traditional
caution of Indian law—particularly excluding police confessions unless made before a Magistrate,
and emphasising the voluntariness of the statement. Judicial confessions are generally more reliable,
while extra-judicial and retracted confessions require independent corroboration before they can
lead to conviction.