Confession

Definition: The term “confession” has not defined by the Evidence Act.

Confession means a direct and express admission of the guilt by the person accused for the alleged crime. A confession must be true and to be a foundation for conviction against the alleged offense.

According to Stephen a direct acknowledgement of guilt should be regarded as confession.

# Kinds of confession: Are discussed below-

Direct confession: When accused direct admits of his guilt is called direct confession.

Indirect confession: When accused indirectly admits of his guilt is called indirect confession. Such as the accused said that he has not done the offense intentionally but has done by abatement, threat or inducement of other.

Judicial confession: Which confession made before a magistrate or a court in the course of judicial proceedings is called judicial confession.

Extra judicial confession: Confession made any where other than before a magistrate or a court is called extra judicial confession.

Inculpatory confession: When the accused admits guilt by affecting himself, is called inculpatory confession. That means when accused admits that he has done the offense to which he is charged is called inculpatory confession.

Ex-culpatory confession: When the accused admits guilt without affecting himself, is called ex-culpatory confession. That means when accused admits that he has not done the offense but has been done by others is called ex-culpatory confession.

Retracted confession: When any confession made under section 164 of the code of criminal procedure before a magistrate or makes an extra judicial confession outside the court but at the time trial accused says that he has made the confession under threat or torture, etc then the confession is called retracted confession.

# Features of confession:

1. Confession must be made voluntarily.

2. Confession may be true.

3. Confession must be made without any inducement, threat or promise.

4. It should be made before any proper authority (magistrate).

5. It must admit in term of offense or crime for which he is alleged or charged.

6.

# Evidentiary value of confession:

Confession is the best evidence of the fact confessed. Because no one likes to made any statement incriminating himself. According to Taylor delivered and voluntary confessions of guilt, if clearly proved, are among the most effectual proof in law but in accepting confessions court must be very cautious. Only voluntary confession should be received in evidence against the accused. Especially, in Bangladesh it requires strict scrutiny.