II. CONFESSION WHEN NOT ADMISSIBLE.

 i. Confession recorded by a Magistrate without confirming to the mandatory provisions of

Section 164 or 364 of The Code of Criminal Procedure is inadmissible in evidence.
 ii. Confession caused by inducement, threat or promise under Art. 37
 iii. Confession before police officer is not admissible under Art. 38
 iv. Confession made by a person in police custody, which is not made in the immediate presence
of a Magistrate under Art.39

16. EVIDENTIARY VALUE OF CONFESSION

 Best evidence as against the maker (PLD 1964 SC 813)

 Sole base of conviction (1998 MLD 94 (FSC)
 Weakest kind of evidence (1999 PCrLJ 831)
 Corroborative piece of evidence. (1996 PCrLJ 1621 (DB)

17. CONFESSION BEFORE POLICE OFFICER Extra Judicial Confesssion

I. PREFACE.

The rules contained in Articles 38, 39, 40(Section 25, 26, 27 of the Evidence
Act1872) of the Qanun-e-Shahadat Order, 1984 were not originally treated in British India as
strictly speaking rules of evidence, but rather as a rules governing the action of the police
officers, and as a matter of criminal procedure. In the year 1817 the legislature passed the
REGULATION-XX of that year, repealing the older rule. The legislature had in view the
malpractices of police officers in extorting confessions from accused persons in orde to gain
credit by securing convictions.

II. MEANING

Extra-Judicial confessions are those which are made by the accused else where than
before a magistrate or in the Court.
III. RELAY ARTICLES

 Article 38, 39, 40 of the Qanun-e-Shahadat Order, 1984

 Section 25, 26, 27 of the Evidence Act, 1872

IV. GENERAL RULE

No confession made to a police-officer shall be proved as against a person accused of any

offence.

a) Relay Article:

 Article 38

V. EXCEPTION TO THE GENERAL RULE u/Art 40.

Confession before police would be admissible under Article 40, if something is discovered in
consequences of information, which was unknown to police and that must relate to
commission of offence or connect the accused with crime.

 a) Scope of Article-40
1996 MLD 1356

VI. REQUIREMENTS OF ARITICLE-40

 i. There must be a deposition of fact

 ii. The fact must be discovered on deposition.
 iii. The fact must be discovered in consequences of the information.
 iv. The accused person must give the information.
 v. The accused person must be in the custody of the police.
 vi. The information must lead to the discovery
 vii. That portion of the information must relate to the fact discovered
  viii. Confession must be of the offence charged.

VII. VALUE OF SUCH EVIDENCE OR EVIDENTIARY VALUE

 i. No incriminating piece of evidence (NLR 1985 Cr. 62)

 ii. Chain of proof (1983 DLR 170 (DB))
 iii. Doubtful recoveries (1983 SCMR 1)
 iv. Recovery in disregard of mandatory provisions (1979 SCMR 214)

18. CONCLUSION

In conclusion I can say that confession under Qanoon-E-Shahadat Order elucidates its
historical roots, legal definitions, procedural requirements, and admissibility criteria. Confession,
stemming from Christian practices, involves voluntary acknowledgment of wrongdoing, both
orally and in writing. Governed by Articles 37 to 43 of the Qanoon-E-Shahadat Order, 1984, and
relevant sections of the Criminal Procedure Code, confessions must be made without
inducement, threat, or promise to be admissible in court. While confession is considered the
best evidence against the maker, its validity hinges on compliance with procedural safeguards
to ensure voluntariness and absence of coercion.