30-09-2023

Admissions and confessions.

Threshold admission has to break to become a confession.
The definition of admission is there in IEA.
Confession definition is present in case laws.
Expectation of death – DD – Value may be attached.
Admission – Jurisprudence – Negative thing you admit – Lying against your own
interest does not make sense.
Section 17
Section 21 – Negative inference only proved.
4-10-2023
Formal admission – Made in Court. Testimony or in your writing.
Formal admission – Acts as a waiver of proof. Discretionary power of the Court
to ask for proof. This is according to Section 58 of the IEA.
It’s believed more because you know for sure that the statement has been
made.
Admission to Police officer - Informal
Informal admission
Admission by conduct – Not used very frequently.
21(3) – Just because its in your favour, doesn’t mean 21(3) will block it entirely.
It can come under another section.
It doesn’t make it inadmissible.
Section 18:
Check whether the statement contradictory is made before or after taking up
the representative role.
It tells the interest of the people, and impacts the ppl you represent when you
start representing the people.
Section 18: Coplaintiff – Interested in subject matter – Indian Courts have
started to not consider this because of corruption, and one of the plaintiff
turning.
19 and 20 don’t apply in criminal law.
18 only 1 and 2 apply portions apply. 3, 4 and 5 gg only.
Sahoo vs State of UP:

Dude randomly just talks. Wasn’t addressed to anyone.

Lower courts – acquit – saying not admission because no one was there.
SC compares it with a diary entry.
Need not be stated to someone.
5-10-2023
Confession – Threshold – Substantial guilt

Types of confession:
Inculpatory – Culpability is being attached.
Exculpatory – Blame is being removed by that statement.

Confessional – Negative to the extent of substantial guilt being attached.

Non-confessional – Any statement that does not carry substantial guilt.
Non-confessional – Two types
1. Admission
2. Neutral statement
3. Positive inference
Non-confessional can be inculpatory or exculpatory.
Sometimes for eg. If you say you killed in self-defence, it could either be
inculpatory or exculpatory. Need to see the circumstances.
Can you break testimony, believe some part of it, and disbelieve some part of
it.
Palvinder Kaur vs State of Punjab:
Nishi Kant Jha vs State of Bihar:
False alibi – Acts negatively towards the pleader.
Lie – Conduct
Rule: If there is other evidence available that makes part of the statement
more reliable than the other, then it can be split up.
Creates an exception to Palvinder Kaur.
Section 24:
Inducement, threat or promise
Circumstances, antecedents of accused.
Legitimately hampering the proceedings
Person in authority
Example of mafia don not being person in authority.
Very restricted scope.
Makes the confession irrelevant.
But in cases where these five cannot be satisfied, you can still create a doubt in
the mind of the court, and it can be rejected. But not under Section 24.
Temporal gain – Material benefit of this world.
Section 25:
Undercover police officer – does not inspire coercion. You don’t know of the
police officer.
Off-duty police officer – Still police officer.
It is not a good idea to use that police officer as a prime witness.
Section 26:
The law doesn’t require coercion to be proved. It is automatic given the
authority of the Police Officer.
Section 26:
Police custody – Presumption of coercion.
Police custody –
1. Are in custody – Physical.
2. Mental thing.
Movement can be restricted by Police in a way.
Proximity in a way that you know now you cannot freely move around.
Surveilled, and restricted.
Even without the immediate presence of a police officer.
Section 26:
Ankle monitor – Restricted and surveilled but no fear associated with it if there
is no police officer in the vicinity.