Confessional Statement

Confession is to confess as guilty of an offence. It must be true, voluntarily and corroborated by independent evidence. Confession is a statement by an accused in which he accepts the guilt of crime. There are two kinds of confession.

i- Judicial confession

ii- Extra judicial confession

High Court rules and orders read with section 164 and 364 of code of criminal procedure for recording of confession.

Confession can be recorded in following two stages.

i- During investigation or before inquiry

ii- During trial or before investigation

i- Magistrate of 1^st class

ii- Magistrate of 2^nd class specially empowered by provincial government

Following is the procedure for recording confession. It is obligatory that confession must be recorded in presence of other co-accused. It is mandatory to ensure that confession on accused is true. A confessional statement is a good piece of evidence if it is made voluntarily. Confession recorded must include all the questions and their answers.

 It is obligatory that after recording confession it should be read over to the accused. Confession shall be signed by magistrate and accused. The magistrate must be satisfied that the confession was made truly, voluntarily and willfully. It is mandatory that handcuff should be removed during the recording the recording of confession. Confession recorded in presence of the police officer shall not be admitted.

 In all the both cases the accused shall be sent to judicial lock up weather he made the confession or not. Confession can be sassed for the conviction of accused or be used as evidence against him. Confession shall be accepted or rejected as a whole not in part.