Evidence Act 1872 Section 129

Evidence Act Section 129 defines what constitutes a confession in legal terms. A confession is an admission made by a person accused of a crime, acknowledging their guilt either wholly or partly. This section is crucial because confessions can significantly impact the outcome of criminal trials.

Understanding this section helps legal practitioners assess the validity and weight of confessions during trials. It ensures that only genuine admissions are considered, protecting against false or coerced statements. This is vital in both criminal and civil contexts where admissions may influence decisions.

Evidence Act Section 129 – Exact Provision

This section succinctly defines a confession as any statement made by the accused that admits guilt, whether fully or partially. It establishes the foundation for how courts treat such statements in evidence. The clarity of this definition helps prevent ambiguity about what qualifies as a confession.

• Confession involves admission of guilt, either full or partial.

• Only statements by the accused qualify as confessions.

• Confessions are critical in proving criminal liability.

• Section 129 sets the basis for admissibility rules of confessions.

Explanation of Evidence Act Section 129

This section defines a confession as a statement made by the accused admitting guilt. It affects accused persons primarily but also guides courts and lawyers in evaluating such evidence.

• The section states that any statement admitting guilt, fully or partly, is a confession.

• It primarily concerns accused individuals in criminal trials.

• Confessions must be voluntary and truthful to be admissible.

• Statements made by others or hearsay do not qualify as confessions.

• Confessions can be oral or written but must relate to guilt.

Purpose and Rationale of Evidence Act Section 129

The section aims to clearly define what a confession is to guide courts in assessing statements by accused persons. It promotes fairness by distinguishing genuine admissions from other statements.

• Ensures only relevant admissions are considered evidence.

• Protects accused from wrongful conviction based on false confessions.

• Supports judicial truth-finding by clarifying evidence types.

• Prevents misuse of statements not amounting to confession.

When Evidence Act Section 129 Applies

This section applies whenever a statement by an accused person admitting guilt is presented in court. It is invoked during criminal trials and investigations involving confessions.

• Applicable in criminal proceedings involving accused persons.

• Invoked when assessing admissibility of confessions.

• Relevant during investigation, trial, and appeals.

• Not applicable to statements by witnesses or third parties.

• Exceptions include coerced or involuntary confessions.

Burden and Standard of Proof under Evidence Act Section 129

The burden lies on the prosecution to prove that a confession is voluntary and truthful. The standard is beyond reasonable doubt in criminal cases. Sections 101–114 interact by providing presumptions about the reliability of confessions.

• Prosecution must establish confession's voluntariness.

• Standard of proof is beyond reasonable doubt.

• Presumptions may arise regarding the authenticity of confession.

Nature of Evidence under Evidence Act Section 129

Section 129 deals with the nature and definition of confessions as a type of oral or documentary evidence. It sets the groundwork for admissibility and relevance of such statements.

• Confessions are admissions against interest by accused.

• They can be oral or written statements.

• Must relate directly to guilt to be relevant.

• Subject to procedural safeguards to ensure voluntariness.

Stage of Proceedings Where Evidence Act Section 129 Applies

This section is relevant during investigation, trial, and appeal stages where confessions are presented. It guides courts on handling such evidence throughout proceedings.

• Investigation stage: recording and verifying confessions.

• Trial stage: admissibility and weight of confession evidence.

• Appeal stage: challenging validity of confessions.

• Cross-examination may test confession's credibility.

Appeal and Challenge Options under Evidence Act Section 129

Admissibility of confessions can be challenged through appeals or revisions. Higher courts review voluntariness and legality. Appellate courts intervene if confessions were coerced or improperly admitted.

• Challenges via appeals and revisions.

• Higher courts assess voluntariness and fairness.

• Strict scrutiny applied to protect accused rights.

• Timely objections essential for appellate review.

Example of Evidence Act Section 129 in Practical Use

During trial, accused X admits to partially committing the alleged theft. The prosecution presents this confession as evidence. The court examines whether X's statement was voluntary and truthful before admitting it. If valid, it strengthens the prosecution's case significantly.

• Confession must be voluntary to be admissible.

• Partial admissions can influence verdicts.

Historical Background of Evidence Act Section 129

Introduced in 1872, this section clarified the legal meaning of confession. Historically, courts struggled with ambiguous admissions. Over time, judicial decisions refined the understanding and safeguards around confessions.

• Defined confession to avoid ambiguity in trials.

• Judicial evolution emphasized voluntariness.

• Amendments enhanced protection against coercion.

Modern Relevance of Evidence Act Section 129

In 2026, the section remains vital amid digital evidence growth. Electronic confessions and recordings require careful scrutiny. The section supports fair trials in e-courts and digital record contexts.

• Applies to electronic and recorded confessions.

• Supports judicial reforms for digital evidence.

• Ensures continued protection of accused rights.

Related Evidence Act Sections

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

  – Deals with inadmissibility of coerced confessions.

• Evidence Act Section 25 – Confession to police officer

  – Restricts confessions made to police from being admissible.

• Evidence Act Section 26 – Confession by accused while in custody

  – Protects against self-incriminating statements made under duress.

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

  – Allows evidence found due to confession to be admissible.

• CrPC Section 164 – Recording of confessions and statements

  – Provides procedural rules for recording confessions.

Case References under Evidence Act Section 129

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

   – Confirmed that confessions must be voluntary and free from coercion to be admissible.

2. R v. Bedingfield (1879, 4 Cox CC 161)

   – Established early principles on the definition and treatment of confessions.

3. Selvi v. State of Karnataka (2010, AIR 2010 SC 1974)

   – Emphasized the need for safeguards against forced confessions.

Key Facts Summary for Evidence Act Section 129

• Section:

  129

• Title:

  Definition of Confession

• Category:

  Definition, admissibility, oral and documentary evidence

• Applies To:

  Accused persons in criminal trials

• Proceeding Type:

  Criminal investigation, trial, appeal

• Interaction With:

  Sections 24, 25, 26, 27; CrPC Section 164

• Key Use:

  Establishing what qualifies as a confession for evidence purposes

Conclusion on Evidence Act Section 129

Section 129 plays a foundational role in criminal law by defining what constitutes a confession. It ensures that courts recognize admissions of guilt accurately and fairly. This clarity helps maintain the integrity of the judicial process.

By setting clear boundaries, the section protects accused persons from wrongful convictions based on unreliable statements. It also guides courts in weighing confession evidence appropriately, balancing truth-finding with fairness.

FAQs on Evidence Act Section 129

What is a confession under Section 129?

A confession is any statement made by an accused person admitting guilt, either fully or partially. It is a key piece of evidence in criminal trials.

Can a confession be oral or written?

Yes, confessions can be oral or written, but they must relate directly to the guilt of the accused to be admissible.

Are all confessions admissible in court?

No, only voluntary and truthful confessions are admissible. Coerced or forced confessions are excluded under other sections.

Who carries the burden to prove a confession's validity?

The prosecution must prove that the confession was made voluntarily and is reliable beyond reasonable doubt.

How does Section 129 relate to other Evidence Act sections?

Section 129 defines confession, while Sections 24–27 regulate admissibility and conditions, ensuring confessions are not misused.