essay on "Confessing guilt is a great Reward"
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Explanation:
Apoptosis, also called programmed cell death, in biology, a mechanism that allows cells to self-destruct when stimulated by the appropriate trigger. Apoptosis can be triggered by mild cellular injury and by various factors internal or external to the cell; the damaged cells are then disposed of in an orderly fashion.
Answer:
A confession is an explicit admission of guilt from an accused. Evidence extracted from an accused often proves to be substantive as no evidence can supercede an explicit confession from an accused. The well known maxim, habemus optimum-testem, confidante reum, meaning that a confession against an accused was the best evidence against him applied in such cases [1] . However, confessions would be of two types. Judicial confessions are substantive evidence while extra-judicial confessions, if found, reliable are admissible in a court of law. However, by virtue of Sections 25 and 26, all extra-judicial confessions made to police officers or police custody are not admissible. This is, of course, the normal rule as enunciated in the Indian Evidence Act, 1872. The rationale behind this staple rule is quite simple. The powers of the police are often abused for the purpose of extortion and oppression and confessions obtained by the police through undue influence will be subject to judicial review. [2] In enacting these provisions, the legislature had in view the malpractice of police officers to gain credit by securing convictions and that those malpractices went to the length of positive torture. [3] Therefore, it is a natural rule that confession to police officers or even in the custody of police officers is not admissible in court as the Court cannot rely on the neutrality of the Police. Usually, the term ‘police officer’ would mean all officers enrolled under the Police Act, 1861. [4] Therefore, confessions made to public officers who are invested with police powers but do not fall within the ambit of the above mentioned definition. Consequently, a confession made to a Forest Range Officer would not be barred by the virtue of this provision as was held in Forest Range Officer, Chungathara v. Aboobacker [5] , where the Court held that these officers though invested with some police powers could not be called ‘police officers’ within the purview of the Police Act, 1861, and thus any confession made to them would be admissible. Even confession made in the presence of army officers was held to be admissible by the Court in Naik Ram Singh v. Union of India [6] , as they could not be defined as police officers. Similarly, confession made to officers of the Railway Protection Force [7] or officers under the Foreign Exchange Regulation Act [8] has been deemed to be admissible.
However, there have been some legislations where the normal rule of inadmissibility of confessions to police officers has not been followed. In this essay, I will discuss 10 cases based on the subject of admissibility of confession in these special laws. The cases will be divided on the basis of the Act under which they fall.
Explanation:
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