A, an accused makes a confession to the jailor, while the accused is in judicial custody of the jailor. Is the confession admissible in evidence?

Question: A, an accused makes a confession to the jailor, while the accused is in judicial custody of the jailor. Is the confession admissible in evidence?

Find the answer to the mains question only on Legal Bites. [A, an accused makes a confession to the jailor, while the accused is in judicial custody of the jailor. Is the confession admissible in evidence?]

Answer

A Jailor is not a police officer, and a confession made to him may be given in Evidence as per the Queen-Empress v. Bhima, (1892) 17 Box 485.

Section 26 which talks about Judicial confession- read with Section 164 of Cr.P.C.) states Confession by an accused while in the custody of police is not to be proved against him, except if made before Magistrate (acting under Cr. PC) but not before Head of a village, discharging magisterial function in the Presidency.

In the present case at hand, the confession made to the jailor by an accused though in judicial custody of the jailor will be deemed as a judicial confession as if it has been made in the presence of the concerned Magistrate or before the court by due process. A confession to the jailor in judicial custody thus taken as judicial confession can be given in evidence before the court of law.

Extra-judicial confessions are those confessions that are made by the accused to anyone other than Magistrate or before the court. These confessions though are considered to be a weak piece of evidence yet if found to have been made by the accused voluntarily, then upon proof of it can be made the basis of conviction of accused.

It is true that confession made to police is irrelevant irrespective of whether the confessor is in Police / Judicial Custody. But if confession is made to the jailor in Judicial Custody, the jailor not acting as the police officer in this scenario, any confession made to him by the accused is relevant under this section but not under section 24, as Jailor is acting as a person-in-authority. So, the confession of A, accused in the present case is relevant to be used as evidence against him in the court.

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Important Mains Questions Series for Judiciary, APO & University Exams

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