What is confession in law? Essential features of confession

Confession is a species of admission. The term Confession has been expressly defined by the Code of Criminal Procedure and the Evidence Act. According to the dictionary meaning confession is an acknowledgement of offence. It is a heart transaction, not a mere movement of the lips. When we confess, we declare something without doubt or ambiguity.

Definition of Confession.

Stephen in his Digest of the Law of Evidence, confession is an admission made at any time by a person charged with a crime stating that he committed a crime. Confession is a statement which is a direct acknowledgement of guilt.

Note-A self exculpatory statement or a statement in which the maker denies his guilt is no confession.


Essential features of confession.

There are some features of confessions are as follows-

1. It must freely and voluntarily make.
2. It must be made truly and without ambiguity.
3. Exculpatory statement is not confession.
4. It must be made before proper authority.
5. It must be made without any inducement, threat or promise.

Laws and principles regarding confession.


Sections 24 to 30 of the Evidence Act 1872 deal with admissibility and inadmissibility of confessional statement. Confession means a voluntary admission of guilt by accused person. It may be classified into three categories-


A. Judicial Confession.

Judicial confessions are those which are made before a magistrate or in court and recorded in accordance with provision of section 164 of the Code of Criminal Procedure are called judicial confession. The confessional statement should be recorded in prescribed Form. The Magistrate need not have jurisdiction to try or handle the relevant case.

Note- Any Metropolitan Magistrate any Magistrate of the first class & second class may record the statement of Judicial Confession. Case reference-[ Ebrahim and other 1960 KLR 418].

B. Extra Judicial Confession.

Extra Judicial confessions are those which are not made before a magistrate or in court but to make any other person capable of recording, except a police officer is called extra judicial confession. Both are accepted as evidence after being duly proved. Case Reference- Nausher Ali vs State 39 DLR.

C. Retracted confession.

When an accused alleges that he has not made the confession voluntarily or he has made the confession as a result of mental or physical torture is subject to retraction. The question is that whether court takes this confession is or not. When a confession duly recorded and certified by a competent Magistrate but subsequently retracted the confession is not inadmissible. But this retracted may raise a doubt in the mind of court about its voluntary nature and trust worthless.

Before retract a confession statement it is the duty of the court to take into consideration the reasons shown in the retraction petition and must satisfied that the reasons shown in the retraction petition is corroborated by the other independent evidence.

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