614 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- The statement may be intended by the accused to be self-exculpatory but it may nevertheless be an admission of an incriminating circumstance in which case it will amount to a Confession.
6 Bom. 34.
§ Two sorts of Confessions.
- Confessions are either Judicial or Extra Judicial.
(i) Judicial Confessions are those which are made before a Magistrate or in Court in the due course of legal Proceedings.
(ii) Extra Judicial Confessions are those which are made by the party elsewhere than before a Magistrate or in Court.
§ What are the cases in which Evidence of Confession excluded
- The Evidence Act has considered three possible cases :
(i) Confession is made to a Police Officer.
(ii) Confession is made while in the custody of the Police.
(iii) Confession which is made to a person who is not a Police Officer and which is not made while in the custody of the Police.
With regard to (i)
It is excluded by Section 25.
With regard to (ii)
It is excluded by Section 25, 26.Exception.
Effect of Sec. 27.
6 All. 509 (F. B.)
Question. Is Section 27 an exception only to Section 26 and not to section 25 ?
or
Is it an exception to both ?
57 Cal. 1062.
With regard to (iii)
The matter is governed by Section 24.
Explanation. 1. Person in authority.
2. Appears.