Evidence Act 1872 Section 122

Evidence Act Section 122 defines what constitutes a confession in legal terms. It is a statement made by an accused person admitting guilt of an offence. Understanding this section is crucial as confessions can significantly impact the outcome of criminal trials.

This section helps courts determine the admissibility and weight of confessions as evidence. Proper application ensures fairness and prevents wrongful convictions based on coerced or false confessions.

Evidence Act Section 122 – Exact Provision

This section clearly defines confession as any statement by an accused that admits or implies guilt. It includes statements that are partly or wholly against the person making them. The definition is broad to cover direct admissions and implied confessions.

• Confession includes both full and partial admissions.

• It must be made by a person charged with an offence.

• Statements suggesting guilt also qualify as confessions.

• It forms a key piece of evidence in criminal trials.

Explanation of Evidence Act Section 122

Section 122 explains what legally amounts to a confession and who it applies to.

• Defines confession as a statement adverse to the accused.

• Affects accused persons primarily, but also impacts prosecution and courts.

• Confessions can be oral or written.

• Triggers when an accused admits or implies guilt.

• Admissible if voluntary and relevant; inadmissible if coerced.

Purpose and Rationale of Evidence Act Section 122

This section ensures clarity on what constitutes a confession to protect the rights of the accused and aid judicial truth-finding.

• Ensures reliable evidence by defining confession clearly.

• Promotes fairness by setting standards for admissibility.

• Prevents misuse of forced or false confessions.

• Strengthens the court’s ability to assess guilt accurately.

When Evidence Act Section 122 Applies

Section 122 applies during criminal proceedings whenever a statement by the accused is presented as evidence of guilt.

• Applicable in criminal trials and inquiries.

• Invoked by prosecution to prove guilt.

• Courts assess voluntariness and relevance.

• Not applicable in civil cases.

• Exceptions include confessions obtained under duress.

Burden and Standard of Proof under Evidence Act Section 122

The burden lies on the prosecution to prove the confession is voluntary and reliable. The standard is beyond reasonable doubt, as confessions can be decisive in criminal cases. Sections 101 to 114 guide presumptions about the confession’s truthfulness and admissibility.

• Prosecution must prove voluntariness.

• Standard of proof is beyond reasonable doubt.

• Confession alone may not suffice without corroboration.

Nature of Evidence under Evidence Act Section 122

Confession is a type of oral or documentary evidence that directly relates to the accused’s guilt. Its admissibility depends on voluntariness and relevance. The section imposes procedural safeguards to prevent misuse.

• Confession can be oral or written.

• Must be relevant and voluntary to be admissible.

• Subject to exclusion if obtained illegally.

• Requires judicial scrutiny during trial.

Stage of Proceedings Where Evidence Act Section 122 Applies

Section 122 is relevant during the trial stage primarily, but also during investigation and appeals if the confession’s admissibility is challenged.

• Investigation stage: Confession recorded by police.

• Trial stage: Confession produced as evidence.

• Inquiry: Assessing confession validity.

• Appeal: Challenging confession admissibility.

• Cross-examination: Testing confession reliability.

Appeal and Challenge Options under Evidence Act Section 122

Admissibility of confession can be challenged through appeals or revisions. Higher courts review voluntariness and procedural compliance. Appellate courts interfere if fundamental rights are violated or evidence is improperly admitted.

• Appeal against conviction based on confession.

• Revision petitions for procedural errors.

• Higher courts assess voluntariness and legality.

• Strict timelines for filing challenges.

Example of Evidence Act Section 122 in Practical Use

During trial, person X is accused of theft. X voluntarily admits to taking the item during police interrogation. The confession is recorded and presented in court. The defense challenges the confession’s voluntariness, but the court finds it genuine and admits it as evidence, leading to conviction.

• Confession must be voluntary to be admissible.

• Court evaluates circumstances of confession recording.

Historical Background of Evidence Act Section 122

Introduced in 1872, Section 122 was designed to define confession clearly to prevent misuse in colonial courts. Historically, courts struggled with coerced confessions. Judicial interpretations have refined voluntariness standards over time.

• Introduced to regulate confession admissibility.

• Courts evolved standards for voluntariness.

• Amendments strengthened protections for accused.

Modern Relevance of Evidence Act Section 122

In 2026, Section 122 remains vital with electronic recordings and digital confessions becoming common. E-courts rely on clear definitions to admit or exclude confessions. Judicial reforms emphasize protecting accused rights in digital evidence.

• Applies to electronic and video-recorded confessions.

• Supports judicial reforms for fair trials.

• Ensures digital evidence meets admissibility criteria.

Related Evidence Act Sections

• Evidence Act Section 24 – Confession caused by inducement, threat or promise

  – Deals with exclusion of involuntary confessions.

• Evidence Act Section 25 – Confession to police officer

  – Prohibits confessions made to police officers from being admitted.

• Evidence Act Section 26 – Confession made after torture

  – Excludes confessions obtained by torture.

• Evidence Act Section 27 – Discovery of fact from information received in confession

  – Allows evidence discovered due to confession.

• Evidence Act Section 114 – Court’s power to presume existence of certain facts

  – Guides presumptions about confessions.

• CrPC Section 164 – Recording of confessions and statements

  – Procedure for recording confessions by magistrates.

Case References under Evidence Act Section 122

1. State of Uttar Pradesh v. Rajesh Gautam (2003, AIR 2003 SC 3052)

   – Confession must be voluntary and not caused by coercion to be admissible.

2. R v. Bedingfield (1879, 5 Cox CC 345)

   – Defined confession as an admission adverse to the accused.

3. Ram Narain v. State of Madhya Pradesh (1952, AIR 1952 SC 343)

   – Voluntariness is key for confession admissibility.

Key Facts Summary for Evidence Act Section 122

• Section:

  122

• Title:

  Definition of Confession

• Category:

  Admissibility, Oral Evidence

• Applies To:

  Accused persons in criminal trials

• Proceeding Type:

  Criminal trials, inquiries

• Interaction With:

  Sections 24, 25, 26, 27, 114 of Evidence Act; CrPC Section 164

• Key Use:

  Establishing guilt through voluntary admissions

Conclusion on Evidence Act Section 122

Section 122 of the Evidence Act 1872 provides a clear and essential definition of confession in criminal law. It helps courts identify statements that admit guilt and sets the foundation for assessing their admissibility and reliability. This clarity protects accused persons from wrongful convictions based on ambiguous statements.

Understanding this section is vital for legal practitioners to ensure confessions are used fairly and justly. It balances the need for truthful evidence with safeguards against coercion, thus supporting the integrity of the criminal justice system in India.

FAQs on Evidence Act Section 122

What is a confession under Section 122?

A confession is any statement by an accused person admitting or implying guilt of an offence. It can be fully or partly adverse to the person making it.

Can a confession be oral or written?

Yes, confessions can be oral or written. Both forms are covered under Section 122 if they admit or suggest guilt.

Is a confession always admissible in court?

No, a confession must be voluntary and relevant. Confessions obtained by coercion, threat, or promise are not admissible.

Who bears the burden to prove a confession is voluntary?

The prosecution must prove beyond reasonable doubt that the confession was made voluntarily without any coercion or inducement.

Can a confession alone convict an accused?

While a confession is strong evidence, courts often require corroboration before convicting to ensure fairness and prevent wrongful convictions.