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ADJUDICATORY ANALYSIS OF THE EVIDENTIARY WEIGHT AND JUDICIAL ADMISSIBILITY OF INCULPATORY AND EXCULPATORY CONFESSIONS IN INDIA
Authors
Helan Jesus mary L,Nallamuniappan N
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Keywords
KEYWORDS: confession, voluntarily, evidentiary value, mixed.
Abstract
Abstract
Confessions play a pivotal role in criminal jurisprudence, serving as both an admission of guilt and a basis for exoneration. In India, the legal framework governing confessions is rooted in the Bharatiya Sakshya Adhiniyam, 2023 (previously the Indian Evidence Act, 1872) and the Bharatiya Nagarik Suraksha Sanhita, 2023. The unique nature of mixed confessions statements containing both inculpatory and exculpatory elements poses significant adjudicatory challenges. Courts must determine the evidentiary value of such confessions while ensuring adherence to principles of justice and fair trial.
This paper explores the judicial scrutiny of mixed confessions in India, analyzing landmark precedents and statutory provisions. It examines the admissibility and evidentiary weight of such confessions under Sections 22 to 24 of the Bharatiya Sakshya Adhiniyam. Special emphasis is placed on the principle that prosecution cannot selectively rely on inculpatory portions while disregarding exculpatory elements unless corroborated by independent evidence. Through a doctrinal approach, the paper critically evaluates key Supreme Court and High Court rulings, illustrating the evolving judicial trends on this issue.
Furthermore, the paper delves into the impact of custodial confessions, the role of judicial magistrates in recording statements under Section 183 of BNSS , and the corroborative value of mixed confessions in securing convictions. Comparative insights from international jurisprudence are also provided to contextualize Indian legal standards.
The findings underscore the necessity for a balanced approach in evaluating mixed confessions, ensuring that neither prosecutorial bias nor judicial overreach undermines the accused's rights. The paper concludes with recommendations for legal reforms and judicial prudence to enhance the integrity of confessional evidence in India's criminal justice system.
IJCRT's Publication Details
Unique Identification Number - IJCRT2502342
Paper ID - 277110
Author type - Indian Author
Page Number(s) - c892-c900
Pubished in - Volume 13 | Issue 2 | February 2025
DOI (Digital Object Identifier) -
No Of Downloads - 288
Author Country - India, 621105, Trichy, Trichy, 621105, Others area
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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Helan Jesus mary L,Nallamuniappan N, "ADJUDICATORY ANALYSIS OF THE EVIDENTIARY WEIGHT AND JUDICIAL ADMISSIBILITY OF INCULPATORY AND EXCULPATORY CONFESSIONS IN INDIA", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 2, pp.c892-c900, February 2025, Available at :http://www.ijcrt.org/papers/IJCRT2502342.pdf
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