National University of Study and Research in Law Ranchi

FAMILY LAW RESEARCH PAPER

FALSE CONFESSION AND THE WAY OF DEALING WITH THEM IN

DIFFERENT COUNTRIES

Submitted To Submitted By:

Dr. Nazim Imam Name: Neha Singh

Assistant Professor Semester: IV

Section: B

Roll No. - 1296

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 TABLE OF CONTENT

Declaration………………………………………………………………………………………...3

Acknowledgement……………………………………………………………………….………..4

Introduction…………………………………………………………………………………….….5

False Confession – Defined…………………………………………………………...…………..6

Types of False Confessions……………………………………………………………………..6-7

Preventing False Confessions……………………………………………………………………..7

Admissibility of False Confession…………………………………………………..…………….8

Action Against False Confession…………………………………………………….………10-14

 India
 USA
 UK
 Brazil
 China

Conclusion………………………………………………………………………………..……..15

Reference……………………………………………………………………………………...…15

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 DECLARATION

I hereby declare that this project work titled " FALSE CONFESSION AND THE WAY OF
DEALING WITH THEM IN DIFFERENT COUNTRIES” submitted to National University of
Study and Research in Law, Ranchi is record of original work done by me under the guidance of
Dr. Nazim Imam, Assistant Professor.

The information and data given in the report are authentic to the best of my knowledge.

This project work is not submitted to any other University or Institution for the award of any
degree, diploma, fellowship, or published any time before.

Neha Singh

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 ACKNOWLEDGEMENT

It is a great pleasure for me to undertake this project work entitled - " FALSE CONFESSION
AND THE WAY OF DEALING WITH THEM IN DIFFERENT COUNTRIES ". I'm
grateful to my teacher, Dr Nazim Imam, a faculty member of the National University of Study
and Research in Law, Ranchi who showed faith in me by providing such an excellent topic.

The project would not have been completed without his enormous help and worthy experience.

Last, but not least, my parents, helped me to make this project work successfully. So with due
regard, I express my gratitude to them.

Thanking you

NAME: NEHA SINGH

SEMESTER: IV

SECTION: B

ROLL NO. 1296

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 INTRODUCTION

Confession generally refers to the offender's acknowledgment of any fact in such a simple way
that it may be applied to him or her in criminal charges against him or her. When an innocent
individual confesses to crime, it is referred to as a Confession of Lies. Let us first define the term
"confession" in order to better grasp the matter. In criminal law, a confession is defined as an
individual who admits to committing a crime. There are no debts that need confession.

During an exposition of the Evidence Act, Judge Sir Leslie Stephen highlighted for the first time
that "pleading guilty means an individual who could be accused of a crime confesses or
interferes with the crime he or she has committed." Because it is included in the commission
section, consent is considered part of acceptance. Sections 24 to 30 of the Indian Testimony Act
deal with sin confession. Confession is a confession; nonetheless, each word is utterly distinct
from the others.

Judge Sir Leslie Stephen said for the first time during an explanation of the Evidence Act that
"pleading guilty means an individual who could be accused of a crime confesses or interferes
with the crime he or she has committed." Consent is considered part of acceptance because it is
contained in the commission section. Sin confession is addressed under sections 24 to 30 of the
Indian Testimony Act. Confession is a confession, yet each word is separate from the others.

FALSE CONFESSION - DEFINED

When a person acknowledges guilt while he is not the culprit, this is referred to as a false
confession. In order to secure a statement, using intimidation or compulsion may result in a false
confession. They can also be the result of a defendant's mental illness. Accepting lie may seem
inconceivable, yet it happens all the time and can generate a slew of issues during a criminal
trial. False confession occurs when a person admits to committing a crime in order to divert the
court's attention away from the person who actually committed the crime.

For example, a person may confess to a crime in order to protect a friend, family member, or
relative who is being investigated. False admission can be used to avoid harsh penalty, such as

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when a person admits to committing a small offence that he did not do. If the confession is
discovered to be fraudulent, the judge will very certainly strike the identical claim from the
record, and it will no longer be admissible in court. A person who makes a false confession may
also face further penalties for lying in court. This is referred to as lying.

TYPES OF FALSE CONFESSION

False confessions are a significant problem in the criminal justice system. They can lead to
wrongful convictions and the real perpetrator of a crime remaining free, endangering public
safety. There are several reasons why false confessions occur, including mental illness, coercion,
and other psychological and emotional pressures.

 Voluntary False Confessions

Voluntary false confessions occur when an individual confesses to a crime they did not commit
without external pressure. These types of false confessions can occur due to various reasons,
including mental illness, a desire for attention or notoriety, or to protect someone else. In some
cases, individuals may falsely confess to a crime because they believe that they committed the
crime due to a delusion or hallucination. They may genuinely believe that they were involved in
the crime even though they were not.

In other cases, individuals may falsely confess to a crime to gain attention or notoriety, either for
themselves or for a cause they support. This type of false confession is sometimes referred to as a
"crusader" false confession. An example of this type of false confession is when someone falsely
confesses to a crime to draw attention to an issue, such as animal rights or political oppression.

 Coerced-Compliant False Confessions

Coerced-compliant false confessions occur when a suspect confesses to a crime under duress or
coercion. This type of false confession often happens when a suspect is subjected to intense
interrogation techniques or psychological manipulation that makes them feel that the only way to
escape from the situation is by confessing. Interrogators may use tactics such as sleep
deprivation, isolation, or threats to family members to obtain a confession.

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In some cases, a suspect may falsely confess to a crime to gain some perceived benefits, such as
a plea bargain or a reduced sentence. For example, a person who is facing the death penalty may
falsely confess to a crime to avoid being executed. In these cases, the suspect may not believe
they committed the crime but confess to it to escape the situation or gain some perceived
benefits.

 Coerced-Internalized False Confessions

Coerced-internalized false confessions occur when a suspect becomes convinced that they are
guilty of a crime, even though they are not. This type of false confession can happen when a
suspect is subjected to prolonged interrogation, and the interrogators' tactics create confusion,
anxiety, and stress, leading the suspect to doubt their own memory and believe the interrogator's
version of events. Over time, the suspect may internalize the false narrative and come to believe
that they committed the crime, leading to a false confession.

Preventing False Confessions

To prevent false confessions, proper interrogation techniques should be used, and coercion and
manipulation should be avoided. Interrogators should also allow suspects access to legal counsel
during the interrogation process to ensure that any confessions obtained are reliable and accurate.

One important method of preventing false confessions is to use recording devices during
interrogations. Recording devices can help to ensure that the interrogation process is conducted
appropriately and can provide evidence of any coercion or manipulation that may have taken
place.

Additionally, forensic evidence and other corroborating evidence should be used to support any
confession obtained to ensure that it is valid and credible. False confessions can have severe
consequences, including wrongful conviction and imprisonment, and they can lead to the real
perpetrator of the crime going free. Therefore, it is essential to take steps to prevent false
confessions and ensure that any confessions obtained are reliable and accurate.

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They can occur due to various reasons, including mental illness, coercion, and other
psychological and emotional pressures. To prevent false confessions, proper interrogation
techniques should be used, and coercion and manipulation should be avoided. Recording devices
and forensic evidence

ADMISSIBILITY OF FALSE CONFESSION

The admissibility of a false confession in court is a complex issue that depends on several
factors, including the circumstances surrounding the confession and the credibility of the
evidence. In general, courts will consider whether the confession was voluntary or coerced and
whether there is sufficient corroborating evidence to support the confession.

If a confession is obtained through coercion or manipulation, it may not be admissible in court.

This is because the Constitution of many countries, including the United States, Canada, and the
United Kingdom, prohibits the use of involuntary confessions in court. If a confession is
obtained through force, threat, or intimidation, it is considered involuntary and cannot be used
against the defendant.

Even if a confession is obtained voluntarily, it may still be excluded from evidence if there is
insufficient corroborating evidence to support it. This is because false confessions are not
uncommon and can be the result of a variety of factors, including mental illness, manipulation, or
coercion. In cases where there is no physical or other corroborating evidence to support the
confession, the court may decide that the confession is not reliable and exclude it from evidence.

However, if a confession is voluntary and is corroborated by other evidence, such as eyewitness

testimony or forensic evidence, it may be admissible in court. In such cases, the court will
carefully consider the circumstances surrounding the confession to ensure that it was not
obtained through coercion or manipulation.

Courts will also consider the reliability of the confession itself. For example, if a suspect
confesses to a crime but provides details that are inconsistent with the evidence or other facts of
the case, the confession may be deemed unreliable and inadmissible.

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In some cases, false confessions may be used against a defendant even if they are not admissible
as evidence. For example, the prosecution may use the fact that the defendant falsely confessed
as evidence of guilt or as a means of impeaching the defendant's credibility.

In recent years, there has been growing concern about the use of false confessions in the criminal
justice system. In response, some jurisdictions have implemented new policies and procedures to
reduce the risk of false confessions. These may include mandatory recording of interrogations,
the use of independent interrogators, and greater access to legal counsel during interrogations.

The admissibility of a false confession in court depends on several factors, including the
circumstances surrounding the confession, the reliability of the evidence, and the credibility of
the defendant. While a voluntary confession that is corroborated by other evidence may be
admissible, a confession that is obtained through coercion or is otherwise unreliable may be
excluded from evidence. The use of false confessions in the criminal justice system remains a
significant concern, and efforts are being made to reduce the risk of false confessions through
policy changes and other means.

ACTION AGAINST FALSE CONFESSION

 INDIA

False confessions are a serious problem in the criminal justice system in India, and there have
been several cases of wrongful convictions as a result of false confessions. The admissibility of
false confessions in court in India is governed by the Indian Evidence Act, which sets out the
rules for the admissibility of evidence in criminal cases.

Under the Indian Evidence Act, a confession made by an accused person is admissible in court
only if it is made voluntarily. If the confession is obtained through coercion, inducement, threat,
or promise of favor, it is considered involuntary and cannot be used as evidence against the
accused. The burden of proving that the confession was made voluntarily is on the prosecution,
and if they fail to do so, the confession cannot be used as evidence.

Despite these guidelines and legal safeguards, false confessions continue to be a problem in
India. In some cases, suspects have been subjected to prolonged interrogations, psychological

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manipulation, or physical abuse in order to obtain a confession. In other cases, suspects have
been misled or coerced into confessing through promises of leniency or threats of harm.

To address this issue, some advocates have called for the introduction of mandatory recording of
interrogations in India, similar to the practice in other countries such as the United States.
Recording interrogations can help ensure that the interrogation process is transparent and that
suspects are not subjected to coercion or abuse. It can also provide a record of the interaction
between law enforcement and the suspect, which can be used to verify the voluntariness of the
confession.

In recent years, the Indian government has taken some steps to address the issue of false
confessions. In 2010, the National Human Rights Commission of India issued guidelines for the
interrogation of suspects, which emphasized the importance of respecting the rights of suspects
and avoiding the use of torture or other forms of abuse. The government has also introduced
legal reforms to strengthen the protection of human rights and to provide greater safeguards
against wrongful convictions.

 USA

False confessions are a significant issue in the criminal justice system in the United States, and
there have been numerous cases where individuals have been wrongfully convicted based on
false confessions. The admissibility of confessions in court is governed by the United States
Constitution and federal and state laws.

In the US, confessions are admissible in court if they are made voluntarily. The Fifth
Amendment to the United States Constitution provides that no person "shall be compelled in any
criminal case to be a witness against himself." This means that a confession that is coerced,
obtained through torture, or obtained in violation of a suspect's rights under the Constitution is
generally considered involuntary and therefore inadmissible in court.

The admissibility of confessions is further governed by the Miranda warning, which is a

statement given to suspects by law enforcement officers when they are taken into custody. The
Miranda warning informs suspects of their rights, including the right to remain silent and the

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right to an attorney. If a suspect makes a confession after being given the Miranda warning and
voluntarily waiving their rights, the confession is generally considered admissible in court.

In some cases, suspects may falsely confess to a crime for various reasons, including coercion,
mental illness, or a desire for attention or protection. To address the problem of false
confessions, several states in the US have enacted laws requiring law enforcement officers to
record interrogations. Recording interrogations can help ensure that the interrogation process is
transparent and that suspects are not coerced or misled into confessing.

In addition to legal safeguards, the Innocence Project, a non-profit organization dedicated to

exonerating wrongfully convicted individuals, has advocated for reforms to improve the
accuracy and reliability of the criminal justice system. These reforms include improved forensic
science techniques, access to DNA testing, and the use of eyewitness identification procedures
that have been shown to be more accurate. Despite these legal safeguards and reform efforts,
false confessions continue to be a problem in the United States. In recent years, high-profile
cases such as the Central Park Five case have brought national attention to the issue of false
confessions and the need for reform in the criminal justice system.

 UK

False confessions are a significant issue in the criminal justice system in the United Kingdom,
and there have been numerous cases where individuals have been wrongfully convicted based on
false confessions. The admissibility of confessions in court is governed by the UK's Police and
Criminal Evidence Act 1984 (PACE), which sets out the rules for obtaining and using evidence
in criminal proceedings.

In the UK, confessions are admissible in court if they are made voluntarily. PACE provides that
a confession is admissible in court if it is not obtained by oppression, including physical violence
or psychological pressure, and if the suspect has been properly informed of their right to legal
advice and their right to remain silent. PACE also requires that all police interviews with
suspects be recorded, including the caution given to suspects at the start of the interview.
Recording police interviews can help ensure that the interrogation process is transparent and that
suspects are not coerced or misled into confessing.

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The UK has also introduced the Joint Forensic Strategy Group (JFSG), which is a group of
experts who provide guidance on the use of forensic evidence in criminal investigations. The
JFSG has recommended improvements in the use of forensic evidence, such as DNA analysis
and fingerprint analysis, to help reduce the risk of wrongful convictions based on false
confessions. Despite these legal safeguards and reform efforts, false confessions continue to be a
problem in the UK. In recent years, high-profile cases such as the Birmingham Six and Guildford
Four cases have brought national attention to the issue of false confessions and the need for
reform in the criminal justice system.

In response to these concerns, the UK government has commissioned several reviews and
inquiries to examine the issue of wrongful convictions and the use of false confessions in
criminal proceedings. These reviews have recommended improvements in the use of forensic
evidence, increased access to legal advice for suspects, and increased transparency in the
criminal justice system.

 BRAZIL

False confessions are a significant issue in the Brazilian criminal justice system, and have
contributed to a number of wrongful convictions over the years. Brazil has implemented a range
of measures to prevent and address false confessions, but there are still ongoing concerns about
the reliability and accuracy of the criminal justice system in this area.

One of the primary ways that false confessions are dealt with in Brazil is through the country's
Constitution and criminal procedural laws. The Brazilian Constitution guarantees the right to
remain silent and the right to legal counsel, and prohibits the use of torture and other forms of
coercion to obtain confessions. Brazilian criminal procedural law requires that confessions be
obtained freely and voluntarily, without the use of force or coercion, and that suspects be
informed of their rights before being interrogated.

The use of audiovisual recording of interrogations is also required in some Brazilian states,
which is intended to ensure transparency in the interrogation process and prevent the use of

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coercion to obtain false confessions. However, the use of audiovisual recording is not yet
mandatory throughout the country, and there are still some areas where interrogations are not
recorded.

The Brazilian criminal justice system also has several safeguards in place to prevent false
confessions. For example, suspects who are arrested must be informed of their rights, including
the right to remain silent and the right to legal representation. Additionally, the use of forensic
evidence, such as DNA testing and fingerprint analysis, has become increasingly important in
criminal cases, and has helped to reduce the reliance on confessions as the primary form of
evidence.

In addition to these measures, Brazil has established a number of other mechanisms for dealing
with false confessions. The country has a legal aid system, which provides free legal
representation for those who cannot afford it, and there are also organizations such as the
Innocence Project Brazil, which work to exonerate individuals who have been wrongfully
convicted. Despite these measures, false confessions continue to be a problem in Brazil, and
there have been a number of high-profile cases in recent years where individuals have been
wrongfully convicted based on unreliable confessions. In response to these concerns, there have
been calls for further reforms to the criminal justice system, including increased training for
police officers on how to conduct interviews and interrogations in a fair and unbiased manner,
and the mandatory use of audiovisual recording in all interrogations.

 CHINA

False confessions are a serious problem in China's criminal justice system, and there have been a
number of high-profile cases where individuals have been wrongfully convicted based on
coerced confessions. The issue is compounded by the fact that China has a conviction rate of
over 99%, which has led to concerns that the justice system is more focused on obtaining
convictions than on ensuring a fair trial.

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China has implemented a range of measures to prevent and address false confessions, but there
are still ongoing concerns about the reliability and accuracy of the criminal justice system in this
area.

One of the primary ways that false confessions are dealt with in China is through the country's
criminal procedural laws. These laws require that confessions be obtained freely and voluntarily,
without the use of torture or other forms of coercion. However, there have been reports of police
using physical violence, threats, and other forms of intimidation to obtain confessions,
particularly in high-profile cases.

In addition to criminal procedural laws, China has also established several mechanisms for
dealing with false confessions. The country has a legal aid system, which provides free legal
representation for those who cannot afford it, and there are also organizations such as the
Innocence Project China, which work to exonerate individuals who have been wrongfully
convicted.

China has also implemented a range of reforms aimed at improving the reliability of evidence in
criminal cases. For example, the use of forensic evidence, such as DNA testing and fingerprint
analysis, has become increasingly important in criminal cases, and has helped to reduce the
reliance on confessions as the primary form of evidence.

Despite these measures, false confessions continue to be a problem in China's criminal justice
system, and there are ongoing concerns about the reliability and accuracy of the system. In
response to these concerns, there have been calls for further reforms, including increased training
for police officers on how to conduct interviews and interrogations in a fair and unbiased
manner, and the establishment of an independent oversight body to monitor the criminal justice
system.

Overall, China has made some progress in dealing with false confessions, but there is still a need
for further reforms to ensure that the criminal justice system is fair and accurate, and that
individuals are not wrongfully convicted based on unreliable confessions.

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 CONCLUSION

In conclusion, false confessions are a complex and challenging issue faced by criminal justice
systems around the world. While different countries have adopted a range of measures to prevent
and address false confessions, there is still much work to be done to ensure that the justice
system is fair, accurate, and reliable.

In countries such as the United States and the United Kingdom, reforms have been implemented
to improve the accuracy of evidence and to provide greater protection for suspects during police
interviews and interrogations. These reforms have included the use of videotaping and audio
recording of interrogations, the requirement for Miranda warnings, and the establishment of legal
aid systems.

In other countries such as Brazil and China, false confessions continue to be a significant
problem, and there are ongoing concerns about the reliability and accuracy of the criminal justice
system. While reforms have been implemented, there is still a need for further improvements,
including increased training for police officers, the use of forensic evidence, and the
establishment of independent oversight bodies.

Ultimately, the issue of false confessions highlights the importance of ensuring that criminal
justice systems are fair and reliable, and that individuals are not wrongfully convicted based on
unreliable evidence. While progress has been made, there is still much work to be done to ensure
that justice is served for all.

REFERENCE

1. https://www.lawcolumn.in/false-confession-and-the-way-of-dealing-with-them-in-
different-countries/
2. https://www.lawcolumn.in/false-confession-and-the-way-of-dealing-with-them-in-
different-countries/
3. https://theamikusqriae.com/false-confession-under-indian-evidence-act-and-study-of-
false-confessions-in-few-other-countries/

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