An Analysis on the Admission and Confession in the Indian Evidence Act

  • Ekanandanayaka S.
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  • Ekanandanayaka S.

    Student at The National University of Advanced Legal Studies (NUALS), Kochi, Kerala, India

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Abstract

Admissions and confessions hold paramount importance in the Indian legal system as they serve as vital pieces of evidence that can significantly influence the outcome of a criminal trial. This research paper delves into the complexities of admissions and confessions in Indian evidence law, aiming to provide a comprehensive analysis of their relevance, admissibility, and potential procedural pitfalls. Moreover, the paper critically evaluates the admissibility criteria for both admissions and confessions, exploring the constitutional provisions, relevant sections of the Indian Evidence Act, and their alignment with fundamental rights to ensure fair trial and protection against self-incrimination. Special attention is paid to highlight landmark judgments that have influenced the legal landscape and shaped the admissibility of these crucial evidentiary elements. Furthermore, the research explores the potential challenges faced in admitting or extracting confessions, especially when custodial interrogations are involved. The analysis focuses on the adherence to due process, the presence of coercion, and the role of confession in cases of capital offenses, seeking to identify areas of improvement to safeguard the accused's rights. In conclusion, this research paper provides a comprehensive overview of admissions and confessions in the Indian evidence law system, highlighting the nuanced legal principles and procedural safeguards surrounding their admissibility. It aims to contribute to the ongoing discourse on evidence law and act as a valuable resource for legal practitioners, scholars, and policymakers in their pursuit of ensuring justice, fairness, and protection of individual rights within the Indian legal framework.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1472 - 1490

DOI: https://doij.org/10.10000/IJLMH.115565

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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