Evidence Act 1872 Section 132
Evidence Act 1872 Section 132 defines the term 'confession' and its role in legal proceedings as an admission against interest.
Evidence Act Section 132 defines what constitutes a confession in legal terms. It explains that a confession is an admission made by a person charged with an offence, acknowledging their guilt either wholly or partly. Understanding this section is crucial for both criminal and civil cases where admissions impact the proof of facts.
This section is important because confessions can be powerful evidence but must be scrutinized carefully to ensure they are voluntary and reliable. Lawyers and courts rely on this definition to determine admissibility and weight of such statements during trials.
Evidence Act Section 132 – Exact Provision
In simple terms, Section 132 explains that a confession is any statement by an accused person admitting to the crime they are charged with. It can be a full admission or a partial one. This definition helps courts identify what qualifies as a confession and how it should be treated as evidence.
Confession must relate to the offence charged.
Can be a full or partial admission.
Made by the accused person themselves.
Forms a key piece of evidence in criminal trials.
Explanation of Evidence Act Section 132
This section sets the foundation for understanding confessions in legal proceedings.
Defines confession as a statement admitting guilt.
Affects accused persons primarily.
Key evidentiary requirement: statement must relate to the offence charged.
Triggers admissibility considerations under other sections.
Admissible if voluntary and relevant; inadmissible if coerced.
Purpose and Rationale of Evidence Act Section 132
The section aims to clearly define what constitutes a confession to ensure courts properly identify and evaluate such statements. It helps maintain fairness by setting boundaries on what admissions are considered confessions.
Ensures reliable evidence classification.
Promotes fairness in admitting statements.
Prevents misuse of coerced or irrelevant admissions.
Strengthens judicial truth-finding by clarifying terms.
When Evidence Act Section 132 Applies
This section applies whenever a statement by an accused person is presented as evidence of guilt. It is invoked during criminal trials and related proceedings to assess admissibility and weight.
Applicable when accused makes statements about the offence.
Invoked by prosecution or defense to admit or challenge confessions.
Primarily in criminal contexts, rarely in civil cases.
Scope limited to statements admitting offence charged.
Exceptions include coerced or involuntary confessions.
Burden and Standard of Proof under Evidence Act Section 132
The burden lies on the prosecution to prove the confession is voluntary and true. The standard of proof is beyond reasonable doubt in criminal trials. Section 132 works alongside Sections 24 to 30, which regulate the admissibility of confessions and presumptions about their truthfulness.
Prosecution must prove confession's voluntariness.
Standard of proof: beyond reasonable doubt.
Interacts with Sections 24–30 on admissibility and reliability.
Nature of Evidence under Evidence Act Section 132
Section 132 deals with the definition and scope of oral or written confessions. It sets the stage for admissibility rules but does not itself govern voluntariness or coercion, which are covered elsewhere.
Defines confession as oral or written evidence.
Limits to statements admitting offence charged.
Does not address procedural safeguards directly.
Confessions must be voluntary to be admissible.
Stage of Proceedings Where Evidence Act Section 132 Applies
This section is relevant during the trial stage when confessions are presented as evidence. It may also be considered during pre-trial inquiries or appeals if admissibility is challenged.
Trial stage: primary application.
Investigation stage: relevance in recording statements.
Appeal stage: reviewing admissibility rulings.
Cross-examination: testing confession validity.
Appeal and Challenge Options under Evidence Act Section 132
Admissibility of confessions under Section 132 can be challenged through objections at trial, revisions, or appeals. Higher courts review whether confessions were voluntary and properly admitted, applying strict standards to prevent miscarriages of justice.
Trial objections to confession evidence.
Revisions by higher courts on admissibility.
Appeals challenging confession reliability.
Strict scrutiny by appellate courts.
Example of Evidence Act Section 132 in Practical Use
Person X is accused of theft. During police questioning, X admits to taking the stolen goods. This admission qualifies as a confession under Section 132. The court examines whether X's statement was voluntary and relevant to the offence charged before admitting it as evidence.
Confession must relate directly to the offence.
Voluntariness is key for admissibility.
Historical Background of Evidence Act Section 132
Introduced in 1872, Section 132 codified the legal understanding of confessions in Indian law. Historically, courts treated confessions cautiously due to risks of coercion. Over time, judicial decisions refined the interpretation and safeguards around confessions.
Established clear definition of confession in 1872.
Judicial evolution emphasized voluntariness.
Amendments and case law enhanced protections.
Modern Relevance of Evidence Act Section 132
In 2026, Section 132 remains vital as confessions continue to be key evidence. The rise of electronic recordings and e-courts has impacted how confessions are recorded and evaluated, increasing transparency and reducing coercion risks.
Digital evidence includes recorded confessions.
Judicial reforms promote fair confession recording.
Section 132 guides admissibility in modern trials.
Related Evidence Act Sections
- Evidence Act Section 24 – Confession caused by inducement, threat or promise
– Regulates admissibility of confessions obtained under improper influence.
- 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 extracted by torture.
- Evidence Act Section 27 – Discovery of fact from information received in confession
– Allows evidence discovered due to confession to be admitted.
- Evidence Act Section 132 – Definition of Confession
– Defines what constitutes a confession in legal terms.
- IPC Section 191 – Giving False Evidence
– Addresses perjury related to false confessions or statements.
Case References under Evidence Act Section 132
- State of Uttar Pradesh v. Rajesh Gautam (2003, AIR 2003 SC 3052)
– Voluntariness of confession is essential for admissibility under Section 132 and related provisions.
- R v. Bedingfield (1879, 14 Cox CC 122)
– Established that confession must be a statement against interest to qualify under Section 132.
- Ram Narayan v. State of Madhya Pradesh (1952, AIR 1952 SC 343)
– Confession must relate to the offence charged to be admissible.
Key Facts Summary for Evidence Act Section 132
- Section:
132
- Title:
Definition of Confession
- Category:
Definition, admissibility, oral evidence
- Applies To:
Accused persons in criminal trials
- Proceeding Type:
Criminal trials, inquiries, appeals
- Interaction With:
Sections 24–30 (admissibility and voluntariness), IPC Section 191 (perjury)
- Key Use:
Identifying and defining confessions for evidence purposes
Conclusion on Evidence Act Section 132
Evidence Act Section 132 plays a foundational role in criminal law by defining what constitutes a confession. This clarity helps courts and practitioners understand when a statement by an accused person qualifies as a confession, which can significantly influence the outcome of a trial.
Proper application of this section ensures that confessions admitted as evidence are relevant and reliable. It safeguards against wrongful convictions based on coerced or irrelevant admissions, thereby upholding the principles of justice and fairness in the legal process.
FAQs on Evidence Act Section 132
What is a confession under Section 132?
A confession is a statement made by an accused person admitting to the offence charged, either fully or partially. It is a key piece of evidence in criminal trials.
Can a confession be partial under this section?
Yes, Section 132 includes both full and partial admissions of guilt related to the offence charged.
Who does Section 132 apply to?
It applies to accused persons who make statements admitting their involvement in the offence during legal proceedings.
Are all confessions admissible under Section 132?
No, confessions must be voluntary and relevant. Those obtained by coercion or threat are inadmissible under other sections.
How does Section 132 relate to Sections 24 to 30?
Section 132 defines confession, while Sections 24 to 30 regulate the admissibility and voluntariness of such confessions in court.