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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 |
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| 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. |
