- Published on
KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Difference between Judicial Confession and Extra-Judicial Confession
1. Meaning
2. Evidentiary Value
3. Conviction
4. Method of Proof
5. Admissibility / Reliance
Quick Recall Line👉 Judicial confession = strong and reliable; Extra-judicial confession = weak and needs support.
1. Meaning
- Judicial Confession:
- Made before a Magistrate or Court under BNSS during investigation or trial.
- Extra-Judicial Confession:
- Made outside court, i.e., to any private person or authority other than Magistrate/Court.
2. Evidentiary Value
- Judicial Confession:
- Strong substantive evidence
- Recorded formally under legal provisions
- Extra-Judicial Confession:
- Weak evidence
- Requires careful scrutiny
3. Conviction
- Judicial Confession:
- Conviction is safe even without corroboration if voluntary and true
- Extra-Judicial Confession:
- Conviction legally possible without corroboration,
- But not safe in practice without corroboration
4. Method of Proof
- Judicial Confession:
- No need to call Magistrate/Court as witness
- Already recorded officially
- Extra-Judicial Confession:
- Must be proved by calling the person before whom confession was made
5. Admissibility / Reliance
- Judicial Confession:
- Can be relied upon independently if voluntary and true
- Extra-Judicial Confession:
- Cannot be solely relied upon unless corroborated
Quick Recall Line👉 Judicial confession = strong and reliable; Extra-judicial confession = weak and needs support.
0 Comments