Confession Confessional Statement of Accused CriminalJusticeSystem.

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#Confession #ConfessionalStatementOfAccused #CriminalJusticeSystem.

Confession
Literally confession means, admission, acceptance, revealing something or disclosing something.
But in practical life, there are two types of confessions, these are as under;
1. Confession used as religious doctrine i.e. in Christianity, the Protestant’s confession of faith. Wherein a person who repents over his/her sins and confesses his guilt, before to God or to a priest and to receive the confession of (a penitent, who repents) (merriam-webster dictionary)
2. Confession used in law, wherein a person who is guilty and make a formal statement to admit his/her guilt.
So our topic is specifically related to later one i.e. confession in accordance to Criminal Justice System. According to Law there are two types of confessions i.e. i. Extra judicial Confession, ii. Judicial Confession.
i. Extra Judicial Confession. This means any statement made before the investigating officer in relation to a crime it could by an accused or witness, is called Extra Judicial Confession. According to Section 161 of Criminal Procedure Code, 1898 of Pakistan, “Examination of witnesses by police.
(1) Any police-officer making an investigation under this Chapter or any police-officer not below such rank as the Provincial Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police-officer may reduce Into writing any statement made to him in the course of an examination, under this section, and if he does so he shall make a separate record of the statement, of each such person whose statement he records”.
Section 162 of the same Code says, any statement made to the police officer during the investigation neither supposed to be signed nor used as evidence in any inquiry or trial whatsoever against the person who has made such statement. Except any statement made by the witness can be used for contradiction or corroboration of statement in re-examination during the trial before the court of law. Section 163 of the Criminal Procedure Code, 1898 of Pakistan further says, the police officer or investigating officer shall not use any force, inducement, threat or make any promise for the procurement of such statement from the accused person or from any witness. So any statement made before the investigating officer or any police officer in authority during the police custody (Remand) has no admissibility in the eyes of law.

ii. Judicial Confession. It means to accept his/her guilt before a Judicial Magistrate whether first or second class who has been specifically authorised by the Provincial Government. This confession can be recorded before a trial court judge at any time during the trial. It is further explained by Section 164 of the Criminal Procedure Code 1898, of Pakistan. It says,” Power to record statements and confessions.

[(1)Any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the Provincial Government may, if he is not a police-officer, record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial.
[(1A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement.]
(2) Such statement shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion, best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in section 364, and statements of confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried.
(3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, questioning the person making, it, he has reasons to believe that it was made voluntarily: and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect: 'I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and. I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains