CLAT Exam  >  CLAT Questions  >  Principle Confession is an admission of the c... Start Learning for Free
Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.
Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.
  • a)
    Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)
  • b)
    Mr Rakesh's statement before the Judicial Magistrate does not amount to confession
  • c)
    The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakesh
  • d)
    Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling lies
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Principle Confession is an admission of the commission of the offense ...
According to Section-164 of criminal procedure code, 1973, and the principle given here, Mr Rakesh's statement before the Judicial Magistrate amounts to confession, because he voluntarily and on his own wish and will disclosed the information infront of Judicial Magistrate without any fear orpressure of the police officers.
View all questions of this test
Most Upvoted Answer
Principle Confession is an admission of the commission of the offense ...
Explanation:

Confession as per Section 164 of Cr. PC:
- Section 164 of the Criminal Procedure Code (Cr. PC) deals with the recording of confessions and statements.
- A confession made before a Judicial Magistrate is admissible in court.

Mr. Rakesh's Statement:
- Mr. Rakesh's statement before the Judicial Magistrate can be considered a confession as per Section 164 of Cr. PC.
- He admitted to witnessing the murder but not informing the Police, which is an admission of guilt.

Admissibility of Confession:
- Based on Mr. Rakesh's confession, the Judicial Magistrate can use this as evidence against the 4 persons he mentioned in the murder case.
- The confession can be a crucial piece of evidence in convicting the accused individuals.
Therefore, in this scenario, Mr. Rakesh's statement before the Judicial Magistrate amounts to a confession, and it can be used as evidence in the murder case against the 4 persons he mentioned.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The legal system in India is established on the platform of innocent till proven guilty. An unlawful arrest of an individual can be a violation of Article 21 of the Indian Constitution that states that no human shall be denied of his right to life and personal liberty except if established by law, which means that the process must be fair, clear and not arbitrarily or oppressive.Article 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ground of his detainment/arrest. Section 50 of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse. Section 50A of the CrPC makes it compulsory for the person/police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.Article 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest; failing to do so would make him liable for wrongful detention. Section 50(2) of the CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognisable offence.The right to keep quiet does not have any mention in any Indian law; however, its authority can be derived from the CrPC as well as the Indian Evidence Act. The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the Magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.Section 41B states that every police official authorised to conduct the investigation/arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned. Section 41D entitles an arrested person to a right to have one friend or relative or any other person who he wants by his side during his arrest.Q.When a suspect was arrested and brought before a court, he was forced into confessing guilty before the court and was told by the arresting police to either confess now or suffer afterwards. How will the court determine this confession?

Directions: Read the following passage and answer the question.Article 21 of the Indian Constitution states that no human shall be denied of his right to life and personal liberty except if established by law, which means that the process must be fair, clear and not arbitrarily or oppressive.Article 22(1) of the Indian Constitution stipulates that no police official can arrest any individual without informing the accused the reason/ground of his detainment/arrest. Section 50 of the Code of Criminal Procedure (CrPC) says that every police official with authority to arrest someone without a warrant must inform the person getting arrested about the crime for which he is arrested and other relevant grounds for the arrest. This is the duty of the police official which he cannot refuse. Section 50A of the CrPC makes it compulsory for the person/police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same.Article 22(2) of the Indian Constitution stipulates that the police official making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest; failing to do so would make him liable for wrongful detention. Section 50(2) of the CrPC provides that the arrested person has the right to get released on bail by making arrangement for the sureties or just inform him of his right when arrested without a warrant for an offence other than a non-cognisable offence.The right to keep quiet does not have any mention in any Indian law; however, its authority can be derived from the CrPC as well as the Indian Evidence Act. The right to stay silent is principally related to the statement and confession made by the accused person in the court. In addition to this, it is the responsibility of the Magistrate to perceive if any statement or confession made by the accused person was voluntarily or was after the use of force and manipulation. Therefore, police or any other authority for that matter is not allowed to compel an accused person to speak anything in the court.Section 41B states that every police official authorised to conduct the investigation/arrest must supply clear, visible and valid badge where the name and designation of the police official is clearly mentioned. Section 41D entitles an arrested person to a right to have one friend or relative or any other person who he wants by his side during his arrest.Q. When a suspect was arrested and brought before a court, he was forced into confessing guilty before the court and was told by the arresting police to either confess now or suffer afterwards. How will the court determine this confession?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Omar was giving a speech in the urban area of Mumbai wherein he was alleged to promote enmity between two religious groups. One of the policemen, Kumar, from the police station where the FIR against Omar was filed happened to be attending that event off-duty. Kumar had a full recording of Omar's speech and police wants to present this as an evidence before the court. Can the prosecution do so?

Top Courses for CLAT

Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer?
Question Description
Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle Confession is an admission of the commission of the offense by a person before a Judicial Magistrate. A confession is made out of the free will of the person confessing. Based on confession alone there can be a conviction of the person confessing.Facts Mr. Joseph was murdered on 1st April 2006. In this connection, the Police have arrested 5 persons and charged them for the offense of committing murder. Out of the five one, Mr. Rakesh expressed his desire to confess. When he was produced before the Judicial Magistrate he admitted that he had seen the 4 persons committing the murder but he had not informed the Police about it.a)Mr Rakesh's statement before the Judicial Magistrate amounts to confession (as per Section 164 of Cr. Pc)b)Mr Rakesh's statement before the Judicial Magistrate does not amount to confessionc)The Judicial Magistrate can convict the 4 persons mentioned by Mr Rakeshd)Mr Rakesh's statement should not be believed by the Judicial Magistrate as he seems to be telling liesCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev