Confession Declartion of an accused acknowledging his guilt of the offense

charged, or of any offense necessarily included therein may be given in

evidence against him
What are the rights of person under custodial investigation
1. The person in custody must be informed in clear and uniequivocal terms that
he has a right to remain silent
2. The person in custody must be warned that anything he will say can and will
be used in court against him
3. It is indispensable that he has the assistance of the counsel.
Is there an implied confession
There is no implied confession
Confession vs Admission

Admission is usually applied in criminal cases to statements of fact by the

accused which do not directly involve an acknowledgement of gult

May a confession be written in a language which the accused did not speak
or understand?

A confession may be written in a language which the accused did not

speak or understand provided it has been translated to him.
Is it necessary for a confession or admission to be under oath in order to
render the evidence admissibe?
No PROVISION OF LAW prescribes that either confession or admission
are not competent unless made under oath.
May voluntariness of a confession be presumed?

Confession is presumed to be voluntary and that the confessant who bear

the burden proving otherwise.
Must confession be spontaneous in order to admissible
Must only be voluntary
Is a confession obtained by leading questions
Admissible
When is the confession of an accused admissible against his co-accused
1) When several accused are tried together confession made by one of
them during the trial implicating the others is evidence against the latter
2) When one of the defendant is charged from the information and testifies
as a witness for the prosecution, the confession is made in the course of

the testimony is admissible against his codefendants if corroborated by

indisputable proof.
If a defendant, after having been apprised of the confession his confession
of his co-defendant, ratifies or confirms said confession, the same is
admissible
Where several extrajudicial confession had been made by several persons
charged with an offense and there could have been no collusion with
reference to said several confessions the facts that the statements therein
are in all material respects, identical is confirmatory of the confession of
the co-defendant and is admissible against his other co-defendants and is
admissible against his other co-defendant. Interlocking Confession
A statement made by one defendant after his arrest, in the presence of his
co-defendant, confessing his guilt and implicating his co defendant who
failed to contradict or deny it, in admissible against his co-defendant.
When the confession is of a conspirator and made after conspiracy and in
furtherance of its object, the same is admissible against his co-conspirator.
The confession of one conspirator made after the termination of a
conspiracy, is admissible against his conspirator if made in his presence
and assented to by him, or admitted its truth or failed to contradict or deny
it.

When is a confession of a conspirator admissible against his coconspirator?

Requisites
a) The conspiracy be proved by evidence other than the confession.
b) The confession be made after, not before, the formation of such unlawful
agreement and before, not after, it has come to an end
and
c) The confession be made in furtherance of the objects of conspiracy.
Will the fact that the accused made several conflicting confession render
such confessions admissible?
NO! The fact that the accused made several conflictnng confesson does not in
itself render them inadmissible. In a case, there was list of nine conflicting
condession. Counsel for the defendant ingeniously argued that the court should
not consider the confession and should acquit the accused. THE SC ruled it
would only be necessaru for the accused to tell another story not in harmony with
the confession to secure acquittal.