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highest sense of guilt. [See R.V. Warwickshall, (1783) Lesch 263)]. It is not to be
conceived that a man would be induced to make a free and voluntary confession of
guilt, so contrary to the feelings and principles of human nature, if the facts confessed
were not true. Deliberate and voluntary confessions of guilt, if clearly proved, are
among the most effectual proofs in law. An involuntary confession is one which is not
the result of the free will of the maker of it. So, where the statement is made as a
result of the harassment and continuous interrogation for several hours after the
person is treated as an offender and accused, such statement must be regarded as
involuntary. The inducement may take the form of a promise or of threat, and often
the inducement involves both promise and threat, a promise of forgiveness if
disclosure is made and threat of prosecution if it is not. (See Woodroffe Evidence, 9th
Edn. Page 284). A promise is always attached to the confession, alternative while a
threat is always attached to the silence-alternative; thus, in the one case the prisoner
is measuring the net advantage of the promise, minus the general undesirability of a
false confession, as against the present unsatisfactory situation; while in the other
case he is measuring the net advantages of the present satisfactory situation, minus
the general undesirability of the confession against the threatened harm. It must be
borne in mind that every inducement, threat or promise does not vitiate a confession.
Since the object of the rule is to exclude only those confessions which are
testimonially untrustworthy, the inducement, threat or promise must be such as is
calculated to lead to an untrue confession. On the aforesaid analysis the Court is to
determine the absence or presence of inducement, promise etc. or its sufficiency and
how or in what measure it worked on the mind of the accused. If the inducement,
promise or threat is sufficient in the opinion of the Court, to give the accused person
grounds which would appear to him reasonable for supposing that by making it he
would gain any advantage or avoid any evil, it is enough to exclude the confession.
The words ‘appear to him’ in the last part of the section refer to the mentality of the
accused. (See State of Rajasthan v. Raja Ram, (2003) 8 SCC 180)
82. An extra judicial confession, if voluntary and true and made in a fit state of
mind, can be relied upon by the Court. The confession will have to be proved like any
other fact. The value of the evidence as to confession, like any other evidence,
depends upon the veracity of the witness to whom it has been made. The value of the
evidence as to the confession depends on the reliability of the witness who gives the
evidence. It is not open to any Court to start with a presumption that extra judicial
confession is a weak type of evidence. It would depend on the nature of the
circumstances, the time when the confession was made and the credibility of the
witnesses who speak to such a confession. Such a confession can be relied upon and
conviction can be founded thereon if the evidence about the confession comes from
the mouth of witnesses who appear to be unbiased, not even remotely inimical to the
accused, and in respect of whom nothing is brought out which may tend to indicate
that he may have a motive for attributing an untruthful statement to the accused, the
words spoken to by the witness are clear, unambiguous and unmistakably convey that
the accused is the perpetrator of the crime and nothing is omitted by the witness
which may militate against it. After subjecting the evidence of the witness to a
rigorous test on the touchstone of credibility, the extra judicial confession can be
accepted and can be the basis of a conviction if it passes the test of credibility.
83. Extra judicial confession is a weak piece of evidence and the court must ensure
that the same inspires confidence and is corroborated by other prosecution evidence.
It is considered to be a weak piece of evidence as it can be easily procured whenever
direct evidence is not available. In order to accept extra judicial confession, it must be
voluntary and must inspire confidence. If the court is satisfied that the extra judicial
confession is voluntary, it can be acted upon to base the conviction.
84. Considering the admissibility and evidentiary value of extra judicial confession,
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