Confession means an admission of certain facts which constitutes an offence. Statement of accused becomes confession only when recorded in compliance of the provisions of S. 164 and 364 of Cr.P.C. after observing necessary precautions and formalities.
Procedure which magistrate must adopt while recording confession
- As soon as person is produced before a magistrate for getting his confession recorded followings are things which magistrate must observe;
- His handcuffs should be removed
- All the police officers shall be turned out of court room
- He should be informed that he was before a magistrate and that whether he made any statement or not, he will not be handed back to the police but will be sent to the judicial lockup.
- He should be given sufficient time to ponder over the matter
- He should be warned that he was not bound to make any statement and if he did so it may be used as evidence against him.
Questions to be asked by Magistrate
Following question must be put to person by magistrate;
- For how long have you been with the police?
- Has any pressure been brought to bear upon you to make a confession?
- Have you been threatened to make a confession?
- Has any inducement been given to you?
- Have you been told that you will be made an approver?
- Why are you making this confession?
Important Characteristics of Confession in light of Case Laws
Confessional statement of accused must be supported and corroborated through some independent and reliable evidence to reply upon same for his conviction (2008 P.Cr.L.J. 507)
Confessional statement of an accused when is to be believed has to be considered in its entirety and the portion of the statement favoring the accused is not to be ruled out of consideration. (PLD 2001 Quetta 33)
Confession of one accused would not be sufficient to prove innocence and non-involvement of other accused in commission of murder when it appears that confessing accusing made confession to save lives of other co-accused who happens to be his sons. (2001 P.Cr.L.J. 301)
Confessional statement cannot be used against an accused if the same is not put to him while recording his statement u/s 342 Cr.P.C. (2007 P.Cr.L.J. 276)
All questions put to the accused and his answers thereto must be recorded in writing. (PLD 1994 Pesh. 102)
Confessional statement of accused must be supported and corroborated through some independent and reliable evidence to rely upon same for his conviction. (2008 P.Cr.L.J. 507)
Exculpatory confessional statement cannot be used against co-accused for the purpose of conviction. (2008 P.Cr.L.J.)
Confessional statement of one accused can be used as a corroborative piece of evidence against other accused. (NLR 2003 A.C. 1)
Confession recorded on Oath
Confession recorded on oath is inadmissible. (PLD 2005 Pesh. 46)
Confessional statement although retracted would be sufficient piece of evidence for conviction if it is found true, voluntary and having not been obtained by coercion, inducement of torture. (PLD 2005 S.C. 168)
Confession before Police Officer
If confession is made by the accused before police officer then it becomes his duty to get his confessional statement recorded before the competent magistrate otherwise such confession is not admissible in evidence. (2008 MLD 430)