Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:

Consider the passage given below and answer the question. Confession under section 24 of the Indian Evidence Act, implies an assertion made by blamed individual which is proposed to prove against him to establish a crime. The Supreme Court of India has observed that the confession should either concede concerning the offense or anyway, the real factors that comprise the offense. The admission of gravely incriminating fact, even conclusively incriminating fact isn't a confession itself. The assertion that contains self-exculpatory or other matter can't amount to a confession, in the event that the exculpatory assertion is of similar facts which, if valid, would negative the offense claimed to be admitted. The assertion which when read all in all is of exculpatory character and in which the detainee denies his culpability isn't confession, and can't be utilized in evidence to prove this liability.

Choose the incorrect option from the given options.

Options:

Confession is a statement made by an accused person which is sought to be proved against him in criminal proceeding to establish the commission of an offence by him while Admission usually relates to civil transaction.

Confession if deliberately and voluntarily made may be accepted as conclusive of the matters confessed while Admissions are not conclusive as to the matters admitted it may operate as an estoppel.

Confessions, made by one or two or more accused jointly tried for the same offence, cannot be taken into consideration against the co-accused while Admission by one of the several defendants in suit is an evidence against other defendants.

None of the above

Correct Answer:

Confessions, made by one or two or more accused jointly tried for the same offence, cannot be taken into consideration against the co-accused while Admission by one of the several defendants in suit is an evidence against other defendants.

Explanation:

Confession is a statement made by an accused person which is sought to be proved against him in criminal proceeding to establish the commission of an offence by him while Admission usually relates to civil transaction.
Confession if deliberately and voluntarily made may be accepted as conclusive of the matters confessed while Admissions are not conclusive as to the matters admitted it may operate as an estoppel.
Confessions always go against the person making it while Admissions may be used on behalf of the person making it under the exception of section 21 of evidence act.
Confessions made by one or two or more accused jointly tried for the same offence can be taken into consideration against the co-accused while Admission by one of the several defendants in suit is no evidence against other defendants.