Vimal in a fit of anger killed his wife over a heated argument. In a state of drunkenness, he confessed to the crime before his own brothers who is also a Magistrate. The statement made by Vimal before his brother would be regarded as :
(1) Judicial confession as it is made before the Magistrate
(2) Extra Judicial confession as it is made before his brothers
(3) The statement is not a confession as it is not made in a fit state of mind
(4) The statement will be regarded as admission
Answer & explanation
Correct answer: option 3
In the question, the statement by Vimal is not a confession as it is not made in a fit state of mind.
Judicial confessions are made before a magistrate or in court in the due course of legal proceedings. A judicial confession has been defined to mean "plea of guilty on arrangement (made before a court) if made freely by a person in a fit state of mind.
Extra-judicial confessions are made by the accused elsewhere than before a magistrate or in court.
Judicial confessions are made before a magistrate or in court in the due course of legal proceedings. A judicial confession has been defined to mean "plea of guilty on arrangement (made before a court) if made freely by a person in a fit state of mind.
Extra-judicial confessions are made by the accused elsewhere than before a magistrate or in court.