Evidence Act 1872 Section 157

Evidence Act Section 157 defines what constitutes a confession in legal terms. A confession is an admission made by a person charged with an offence, acknowledging guilt. Understanding this section is crucial as confessions can strongly influence the outcome of criminal trials.

This section is important because it sets the foundation for how confessions are treated in court. It helps distinguish confessions from other statements, ensuring only relevant admissions are considered as evidence. Lawyers and judges must understand this to ensure fair trials and proper evaluation of evidence.

Evidence Act Section 157 – Exact Provision

In simple terms, Section 157 explains that any statement made by an accused person that admits to committing a crime is a confession. This can be spoken or written. The section helps courts identify such statements clearly to decide if they can be used as evidence.

• Defines confession as an admission of guilt by the accused.

• Includes both oral and written statements.

• Forms the basis for admissibility of confessions in court.

• Distinguishes confessions from other types of statements.

Explanation of Evidence Act Section 157

This section clarifies what qualifies as a confession in legal proceedings.

• States that a confession is an acknowledgment of guilt by the accused.

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

• Requires the statement to suggest or imply guilt.

• Triggers when the accused makes a statement about the offence.

• Admissible confessions must be voluntary and relevant.

• Inadmissible if obtained by coercion, threat, or inducement.

Purpose and Rationale of Evidence Act Section 157

This section aims to clearly define what a confession is to avoid confusion in legal proceedings. It ensures that only genuine admissions of guilt are treated as confessions, promoting fairness and accuracy in trials.

• Ensures reliable evidence by defining confession precisely.

• Promotes fairness by excluding false or coerced statements.

• Prevents misuse or manipulation of accused’s statements.

• Strengthens judicial truth-finding by clarifying evidentiary standards.

When Evidence Act Section 157 Applies

This section applies whenever an accused person makes a statement about their guilt during investigation or trial. It is invoked by courts, prosecutors, or defense lawyers to determine the nature of the statement.

• Applicable during criminal investigations and trials.

• Invoked by prosecution or defense to assess statements.

• Relevant in both trial and pre-trial stages.

• Scope limited to statements implying guilt.

• Exceptions include statements made under duress or without free will.

Burden and Standard of Proof under Evidence Act Section 157

The burden lies on the prosecution to prove that a confession was made voluntarily and is genuine. 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 burden of proof.

• Prosecution must prove confession’s voluntariness.

• Standard of proof is beyond reasonable doubt.

• Confession alone may not suffice without corroboration.

Nature of Evidence under Evidence Act Section 157

Section 157 deals with the relevance and admissibility of confessions as evidence. It focuses on oral and written statements that admit guilt. Limitations include exclusion of coerced or involuntary confessions. Procedural safeguards ensure confessions are recorded properly.

• Confession is a form of oral or documentary evidence.

• Admissibility depends on voluntariness and relevance.

• Excludes statements obtained by force or threat.

• Requires proper recording and caution during collection.

Stage of Proceedings Where Evidence Act Section 157 Applies

Section 157 is relevant during investigation, trial, and sometimes appeal stages. Confessions may be recorded during police interrogation and later examined in court. Cross-examination tests the validity and voluntariness of the confession.

• Investigation: confession may be recorded by police.

• Trial: confession is presented and scrutinized.

• Inquiry: courts assess confession’s admissibility.

• Appeal: challenges to confession’s validity may arise.

• Cross-examination tests the confession’s reliability.

Appeal and Challenge Options under Evidence Act Section 157

Admissibility of confessions can be challenged through appeals or revisions. Higher courts review whether the confession was voluntary and legally obtained. Appellate courts may exclude confession if procedural safeguards were violated.

• Confession admissibility can be challenged on appeal.

• Revision petitions may question trial court’s ruling.

• Higher courts ensure compliance with legal standards.

• Timely objections during trial are crucial.

Example of Evidence Act Section 157 in Practical Use

Person X is accused of theft. During police interrogation, X admits to taking the stolen goods. This statement is recorded as a confession under Section 157. In trial, the court examines whether X’s confession was voluntary and corroborated by other evidence before accepting it.

• Confession must be voluntary and supported by facts.

• Court carefully evaluates the circumstances of the confession.

Historical Background of Evidence Act Section 157

Introduced in 1872, Section 157 was designed to clearly define confession to prevent misuse in colonial courts. Historically, courts struggled with distinguishing genuine confessions from coerced statements. Judicial interpretations have refined its application over time.

• Introduced to regulate admissibility of confessions.

• Addressed colonial-era concerns about forced confessions.

• Judicial evolution emphasized voluntariness and corroboration.

Modern Relevance of Evidence Act Section 157

In 2026, Section 157 remains vital due to increased use of electronic recordings and digital evidence. E-courts rely on properly recorded confessions to ensure fairness. Judicial reforms continue to strengthen safeguards against forced confessions.

• Applies to digital and electronic confession recordings.

• Supports judicial reforms enhancing evidence reliability.

• Widely used in modern criminal trials and investigations.

Related Evidence Act Sections

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

  – Excludes confessions obtained by coercion or unfair means.

• Evidence Act Section 25 – Confession to police officer

  – Restricts admissibility of confessions made to police officers.

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

  – Addresses confessions made during custody under specific conditions.

• 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.

• IPC Section 191 – Giving false evidence

  – Relates to perjury and false statements in court.

Case References under Evidence Act Section 157

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

   – Established that confessions must be voluntary to be admissible.

2. State of Maharashtra v. Dr. Praful B. Desai (1995, 3 SCC 551)

   – Highlighted the importance of corroboration of confessions.

3. Selvi v. State of Karnataka (2010, 7 SCC 263)

   – Ruled that confessions obtained through narco-analysis are inadmissible.

Key Facts Summary for Evidence Act Section 157

• Section:

  157

• Title:

  Definition of Confession

• Category:

  Relevance and admissibility of oral and written evidence

• Applies To:

  Accused persons, courts, prosecutors, defense counsel

• Proceeding Type:

  Criminal investigations and trials

• Interaction With:

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

• Key Use:

  Identifying and defining confessions for admissibility in court

Conclusion on Evidence Act Section 157

Evidence Act Section 157 provides a clear legal definition of confession, which is fundamental in criminal law. It helps courts distinguish genuine admissions of guilt from other statements, ensuring that only relevant and voluntary confessions influence the trial outcome.

Understanding this section protects the rights of the accused and promotes fair judicial processes. It also guides law enforcement and legal practitioners in handling confessions properly, thereby strengthening the integrity of evidence presented in courts.

FAQs on Evidence Act Section 157

What is a confession under Section 157?

A confession is any statement made by an accused person that admits or implies guilt of an offence. It can be oral or written and is important evidence in criminal trials.

Are all confessions admissible in court?

No. Only voluntary confessions made without coercion, threat, or inducement are admissible. Forced or unfairly obtained confessions are excluded.

Who decides if a confession is voluntary?

The court decides based on the circumstances under which the confession was made, including whether the accused was free from pressure or coercion.

Can a confession alone convict an accused?

Generally, a confession should be corroborated by other evidence before convicting. Courts exercise caution to avoid wrongful convictions based solely on confession.

How does Section 157 relate to police interrogation?

Statements made during police interrogation may be confessions if they admit guilt. However, Section 25 restricts admissibility of confessions made to police officers to protect accused rights.