Retracted Confession

Retracted Confession:

Is it safe to convict the accused when he retracts/withdraws from confession recorded earlier?

Relevant provisions:

Articles 37,38,39, 91, 119 QSO

Article 13 of the Constitution

Sections 164, 364 Cr.P.C

QSO has not defined confession but the author of Evidence Act, sir J. Stephen, has defined it as,

"An admission made at any time by a person charged with a crime stating/suggesting the inference that he committed the crime".

Confession can be either Judicial or Extra Judicial.

Ss. 164, 364, A judicial confession is such confession which is recorded by magistrate.

Such confession is regarded true authentic and voluntary and conviction can be made on this confession alone because a magistrate recording confession has to fulfill all the requirements contained u/s 364 Cr.P.C.

Retracted Confession:

An accused who first records judicial confession and then at latter stage retracts by saying that,

*he did not record any confession or

*his confession was not voluntary or

*his confession was recorded by threat, inducement etc

Now, once it is shown to the accused that he did record confession before the Magistrate, he can safely be convicted, ignoring his plea of confession being involuntary or untrue.

Thus...even if the accused retracts from his confession,

*his conviction is not illegal

*his retraction is immaterial

*his plea of confession being involuntary is immaterial in the eye of law

Right of Retraction

Such right flows from constitutional right of Self incrimination Art.13

Onus:

Once the accused retracts from his confession on any ground, the burden lies on him to prove that his earlier judicial confession is,

Untrue....involuntary...made by threat, inducement etc.

Corroboration:

whenever the accused retracts from his confession which is duly recorded, courts generally avoid convicting the accused although conviction is not illegal.

The court steps towards corroborating the accused retraction that is, the court will ask the accused to bring forward evidence that will show that his earlier confession was untrue and involuntary.

To summarize, it can be stated that the accused may be convicted even if he retracts from his confession but he shall be given an opportunity to corroborate his retracted confession.

Case Law:

2014 PCrLJ

"When accused retracts from his confession, onus would lie on him to prove that he did not record any confession".