| Principle Confession is an admission of the commission of the offence by a person before a Judicial Magistrate. A confession is made out of the freewill of the person confessing. Based on confession alone there can be conviction of the person confessing. |
| Facts Mr Joseph was murdered on 1st April 2006. In this connection the Police have arrested 5 persons and charged them for the offence of committing murder. Out of the five one Mr Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it. |
A) Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)
B) Mr Rakesh's statement before the Judicial Magistrate does not amount to confession
C) The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakesh
D) Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling lies
Correct Answer: A
Solution :
According to Section-164 of criminal procedure code, 1973, and the principle given here, Mr Rakesh's statement before the Judicial Magistrate amounts to confession, because he voluntarily and on his own wish and will disclosed the information infront of Judicial Magistrate without any fear orpressure of the police officers.
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