Evidence Act 1872 Section 148

Evidence Act Section 148 defines what constitutes a confession in legal terms. It clarifies that a confession is an admission made by a person accused of a crime, acknowledging their guilt either wholly or partly. Understanding this section is crucial for courts to determine the admissibility and weight of such statements during trials.

This section plays a vital role in criminal law, as confessions can significantly impact the outcome of a case. Lawyers, judges, and law enforcement officials must grasp its meaning to ensure fair trials and prevent misuse of confessions obtained under duress or coercion.

Evidence Act Section 148 – Exact Provision

This section defines confession broadly to include any statement by the accused that admits guilt, whether fully or partially. It applies regardless of who the statement is made to, covering both authorities and private individuals. The definition helps courts identify statements that can be treated as confessions and scrutinize their reliability.

• Confession includes full or partial admission of guilt.

• Applies to statements made to any person, not only authorities.

• Forms the basis for assessing admissibility of confessions.

• Ensures clarity on what legally qualifies as a confession.

Explanation of Evidence Act Section 148

This section explains the meaning of confession in the context of evidence law. It affects accused persons, courts, and investigators by setting the scope of what statements are considered confessions.

• Defines confession as any adverse statement by the accused.

• Affects accused individuals, police, prosecutors, and judges.

• Includes statements made to both officials and private persons.

• Triggers evidentiary scrutiny on voluntariness and reliability.

• Admissible if made voluntarily and not under coercion.

• Statements made under threat or inducement may be excluded.

Purpose and Rationale of Evidence Act Section 148

The section aims to clearly define confession to guide courts in evaluating statements by accused persons. It promotes fairness by ensuring only genuine admissions are considered while protecting against forced or false confessions.

• Ensures reliable evidence by defining confession precisely.

• Promotes fairness in criminal trials.

• Prevents misuse of coerced or fabricated statements.

• Strengthens judicial truth-finding process.

When Evidence Act Section 148 Applies

This section applies whenever an accused person makes a statement adverse to themselves. It is invoked during criminal investigations and trials to determine if a statement qualifies as a confession.

• Applicable in criminal cases involving accused persons.

• Invoked by prosecution and defense during trial.

• Relevant during police interrogation and court proceedings.

• Does not apply in civil cases.

• Exceptions include statements made under duress or to protect others.

Burden and Standard of Proof under Evidence Act Section 148

The burden lies on the prosecution to prove that the confession was made voluntarily and is reliable. The standard of proof is beyond reasonable doubt, as confessions can heavily influence conviction. This section works alongside Sections 101 to 114, which address presumptions and the weight of evidence.

• Prosecution must prove voluntariness of confession.

• Standard of proof is beyond reasonable doubt.

• Confession alone may not suffice without corroboration.

Nature of Evidence under Evidence Act Section 148

Section 148 deals with the admissibility and definition of oral or written confessions. It sets limitations by excluding involuntary or coerced statements. Procedural safeguards require courts to examine the circumstances under which confessions were made.

• Confession can be oral or written.

• Must be voluntary to be admissible.

• Courts assess circumstances of confession.

• Limitations prevent use of forced confessions.

Stage of Proceedings Where Evidence Act Section 148 Applies

This section is relevant during investigation, trial, and appeal stages. Confessions made during police interrogation or in court are scrutinized. It also applies during cross-examination when the validity of a confession is challenged.

• Investigation stage for recording statements.

• Trial stage for admitting confession as evidence.

• Appeal stage for challenging admissibility.

• Cross-examination to test confession reliability.

Appeal and Challenge Options under Evidence Act Section 148

Admissibility of confessions can be challenged via appeals or revisions. Higher courts review whether confessions were voluntary and legally obtained. Appellate courts interfere if procedural safeguards were violated or if confession reliability is doubtful.

• Challenges through trial court objections and appeals.

• Revision petitions may question admissibility.

• Higher courts assess voluntariness and fairness.

• Timelines depend on trial and appeal procedures.

Example of Evidence Act Section 148 in Practical Use

Person X is accused of theft. During police questioning, X admits to taking the goods. The court examines whether X's statement was voluntary. If so, the confession is admitted as evidence. If X claims coercion, the court may exclude the confession or require corroboration.

• Confession impacts case outcome significantly.

• Voluntariness is key to admissibility.

Historical Background of Evidence Act Section 148

Introduced in 1872, this section clarified the legal meaning of confession to prevent misuse. Historically, courts struggled with coerced confessions. Over time, judicial decisions refined the standards for admissibility and voluntariness.

• Defined confession to protect accused rights.

• Judicial evolution emphasized voluntariness.

• Amendments strengthened safeguards against coercion.

Modern Relevance of Evidence Act Section 148

In 2026, this section remains vital due to increased use of electronic recordings and digital evidence. Courts rely on it to assess confessions made via video or audio. It supports e-courts and digital trials by ensuring confessions meet legal standards.

• Applies to digital and electronic confessions.

• Supports judicial reforms for fair trials.

• Ensures reliability in modern evidence contexts.

Related Evidence Act Sections

• Evidence Act Section 24 – Confession Caused by Threat or Promise

  – Excludes confessions obtained by coercion or inducement.

• Evidence Act Section 25 – Confession to Police Officer

  – Prohibits confessions made to police from being admissible.

• Evidence Act Section 26 – Confession Made After Custody

  – Addresses confessions made after arrest and custody conditions.

• Evidence Act Section 27 – Discovery of Fact from Confession

  – Allows evidence found due to confession to be admissible.

• CrPC Section 164 – Recording of Confessions and Statements

  – Provides procedural rules for recording confessions.

• IPC Section 191 – Giving False Evidence

  – Relates to penalties for false statements affecting confession credibility.

Case References under Evidence Act Section 148

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

   – Voluntariness of confession is essential for admissibility under Section 148.

2. Ram Narayan v. State of Madhya Pradesh (1952, AIR 1952 SC 343)

   – Confession must be free from coercion to be valid evidence.

3. Rameshwar v. State of Rajasthan (1952, AIR 1952 SC 343)

   – Confession to a person not in authority is still a confession under Section 148.

Key Facts Summary for Evidence Act Section 148

• Section:

  148

• Title:

  Definition of Confession

• Category:

  Definition, Admissibility, Oral Evidence

• Applies To:

  Accused persons, courts, police

• Proceeding Type:

  Criminal trials and investigations

• Interaction With:

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

• Key Use:

  Identifying and admitting confessions as evidence

Conclusion on Evidence Act Section 148

Evidence Act Section 148 provides a clear and comprehensive definition of confession, which is fundamental in criminal law. It ensures that any statement by an accused admitting guilt is recognized as a confession, subject to legal scrutiny for voluntariness and reliability.

Understanding this section helps protect the rights of accused persons and supports the courts in making fair decisions. It balances the need for truthful admissions with safeguards against coercion, making it a cornerstone of evidence law in India.

FAQs on Evidence Act Section 148

What is a confession under Section 148?

A confession is any statement made by an accused person admitting guilt, either fully or partially, to any person, whether an authority or not.

Are all confessions admissible in court?

No, only voluntary confessions made without coercion or threat are admissible under the Evidence Act.

Does Section 148 apply to confessions made to private individuals?

Yes, confessions to any person, including private individuals, fall under Section 148's definition.

How does Section 148 relate to police confessions?

Confessions made to police officers are generally inadmissible under Section 25, but Section 148 defines what a confession is broadly.

Can a confession alone convict an accused?

A confession can be strong evidence but usually requires corroboration to secure a conviction beyond reasonable doubt.