Why extra-judicial confession is not admissible as evidence in court?

A confession is not valid and not admissible in evidence when it is obtained in violation of any of the following rights of persons under custodial investigation: to remain silent, to have independent and competent counsel preferably of their own choice, to be provided with counsel if they are unable to secure one, to …

Are extra-judicial confession admissible?

An extra-judicial confession refers to those confessions that are made outside the Court or elsewhere than before the Magistrate. A confession of this kind is admissible if it is made voluntarily.

What makes a confession inadmissible?

A voluntary confession is a confession that is given out of a suspect’s own free will, and has not been obtained by force, coercion, or intimidation. Violations of this due process rights will make the confession statement inadmissible as evidence in court.

What is difference between judicial confession and extra-judicial confession?

Judicial confession is made before a committing magistrate or in a court in the due course of legal proceedings. Extrajudicial confession means an admission made in proceedings outside court. Mere general statement that the accused confessed is insufficient.

What are the requisites before a valid extra judicial confession is admissible in court as evidence?

The Court has consistently held that an extrajudicial confession, to be admissible, must satisfy the following requirements: “(1) the confession must be voluntary; (2) it must be made with the assistance of a competent and independent counsel, preferably of the confessant’s choice; (3) it must be express; and (4) it …

When confession is admissible in evidence?

1. Confession made by inducement, threat or promise- a confession should be free and voluntary. “If it proceeds from remorse and a desire to make reparation for the crime, it is admissible.

How do you prove extra-judicial confession?

Extra-judicial confession are proved by calling the person as witness before whom the extra-judicial confession is made. 3. Judicial confession can be relied as proof of guilt against the accused person if it appears to the court to be voluntary and true. 3.

What is the value of extra-judicial confession?

The evidentiary value of extra-judicial confession instantly increases when it is supported by other such evidence. The statements of the confessor must prove his guilt like any other fact in issue is proven in the judicial proceedings.

What confession is admissible in evidence?

When a statement is made voluntarily without inducement, threat or promise from a man in authority; and when it is not made to a police officer, it is admissible notwithstanding the fact that the person who took the confessional statement did not warn the accused that he was bound to make the statement and if he did so …

Is confession a evidence?

CONFESSIONS ARE ADMISSIBLE ONLY WHEN THEY ARE MADE VOLUNTARILY, AND THE BURDEN FOR PROVING THAT A CONFESSION WAS MADE VOLUNTARILY RESTS WITH THE PROSECUTION. ANY STATEMENT OF A CONFESSIONAL NATURE RECORDED BY A POLICE OFFICER IS INADMISSIBLE IN EVIDENCE, EVEN IF THE STATEMENT HAS BEEN MADE VOLUNTARILY.

What are extra-judicial remedies?

The remedies where the injured party rather than taking legal actions (by virtue of judicial remedies) choose to take law in his/her own hand (Lawfully)are known as Extra Judicial remedies.

What is extra-judicial confession?

Extra-judicial confession is admission of guilt not made before a police officer. Since it is not made in judicial custody, such a statement, whether oral or written, is admissible as evidence in a criminal case.