beaten by the Police including application of electric shock to ensure forceful confession from me. I shall be reiterating the truth of not handing over ... that the confession, if any, could not be a voluntary confession as the same by all probabilities and possibilities is a force confession under duress
coercive
finds expression (s. 26), although the Indian provision
confines it to confession which is a narrower concept than
self-incrimination. [624 D]
7. Speaking ... police will prove through other
evidence what they have procured through forced. confession.
So it is that the foresight of the framers has preempted
self
virtue of his position, could extract by force,
torture or inducement a confession. An Excise Officer
acting under s. 78 (3) of the Bihar ... confession made to a member of the
regular police force but not a confession made
to an abkari or excise officer, if such
officer
prevalence of the
practice amongst the search parties to obtain forced
confessions of undisclosed income from the assessees.
The proposition is well established that admission
critical reference to the practice adopted by the departmental Officers obtaining forced confession from the assessed during the course of search operations. The Finance Minister ... prevalence of the practice amongst the search parties to obtain forced confessions of undisclosed income from the assesseds. The proposition is well established that admission
overruled it. It is not, therefore, as if the plea of forced confession was raised but was not examined by the court trying the petitioner ... held that confession made to a Customs Officer is not a confession made to a member of a Police Force. Reference was also made
however, has added some further reasons not for the purpose of rein, forcing the correctness of the answers but for a different purpose. It seems ... confession deserves the highest credit, because it is presumed to flow from the strongest sense of guilt. It is, therefore, that a confession forced from
give a writing. Firstly, it is not possible to use physical force against a person and make him write; secondly, such a writing will ... writing so obtained was not really the writing of the accused. Forced confessions may be untrue; any other information given by word of mouth
words, the prohibition operated only when an accused is sought to be forced to depose against his innocence.
9. To sum up, in the language ... convicted by other evidence and not by his own forced confession upon oath.
Such, too, is the inference from the policy of the privilege
whom he made
confession have uniformly and consistently reiterated that the appellant
28
confessed that he murdered the victim and such confession was, in fact ... make confession was subjected to rigorous
judicial scrutiny and it appears that the time and place of making confession was
congenial and such confession
