Saturday, 29 January 2022

False Confessions and How do Countries deal with it?

 FALSE CONFESSIONS AND THE WAY OF DEALING THEM IN DIFFERENT COUNTRIES

“Confession of guilt” in criminal law, the term Confession is defined as a statement made by someone to admit that they have done an offensive act. There are no specific bills that define confession. Judge Stephen defined for the first time in the summary of Evidence Law, “confessing a crime means a person accused of crime admits or implies interference with the crime he committed.” Confessions are considered part of admission because they are defined in commission category. Section 24 to 30 of the Indian Evidence Act include confession.

Section 24 The suspect’s confession must be completely free and voluntary and not the result of any form of force, induction or threat. Confessions confessed to the fear of the authorities are not admitted by the court. However, the term “inducement” is not precisely defined everywhere, and the rules for constructing and not constructing incentives are not formulated.

  1. The suspect may be expressed or implied as understanding the suspect when confessing guilt, not for himself.

  2. Temptation alone is enough power or threat to confess not to confess guilt, and knowledge of confession affects the confession of the suspect. It is up to the judge to determine if the language used is sufficient to convey to the defendant the message that it is good to commit the crime or to admit to the worst cause.

  3. It should be noted that according to Article 24 of the Indian Evidence Act, confessions produced or obtained through moral counselling cannot be excluded. Therefore, the fact that an interrogator makes a statement such as “tell the truth in the name of the Almighty God and tell the truth does not mean that this is an incentive or confessed on the basis of this statement, except as permitted by law.

 

MEANING OF FALSE CONFESSION

Let us understand the meaning of “false confession”. It means a false confession that an individual or individual commits a crime that he has not committed. There might be different reasons behind the confession. Sometimes it happens if a person who receives short- term benefits with short-term confession can exceed the long-term loss he will suffer. Convictions can be divided into 3 categories:

KIND OF FALSE CONFESSION:

  1. Voluntary false confession: This is a false confession that is considered voluntary if a person without pressure has admitted that he has not committed any crime. This voluntary confession was not made through police interrogation. There are reasons for voluntary confession. They are given below: 

  • Protecting and helping real criminals

  • Someone’s revenge

  • Wrong Confession of Compliance-These confessions made under coercion, threat, or pressure of the police are called false confession.

  • Eliminate cumbersome interrogation procedures.

  • Treat generously

  • Or avoid heavy punishment

  • One of the most important aspects of observing inappropriate confession is that a person admits that his inside is false, but he acknowledges guilt for any of the above reasons.


In this case, the suspect thinks that he is deeply trapped throughout the situation and the one and only way to avoid and reduce the punishment is to plead guilty. There are different ways or techniques that have been used against the suspect like pressurizing, induction, repeated accusations and attacks. It all about the evidence or the proof that does not exist. When a third-degree torture in an interrogation, the interrogator refuses to reply, and the only way to escape safe and smoothly is to tell interrogator what he wants to hear. When false confession is persuaded, interrogation starts in a way that an individual starts to suspect his memory and believes that he has no memory of it even though he commits a crime. 

  1. ADMISSIBILITY IF FALSE CONFESSION: As far as permission is concerned, false confession is absolutely not accepted in court. If the judge finds out that the confession is wrong, he has the right to delete such statements immediately and discard them from the evidence list. 

  2. LEGAL ACTION AGAINST FALSE CONFESSION: Anybody who makes a false confession was prosecuted by the court and sentenced. Different nations have a way to determine if a confession is false and they later are accused or punished for wrong doers they think appropriate. The legality of countries is discussed below:


INDIA: Courts use different mechanisms to process and investigate false confession. The set of rules that are commonly used for this is called “confessions rule”. If a person finds a false confession, you can do the following:

  • You can file criminal charges 

  • Perjury

  • Lying to the police

  • You may also be fined or detained if you interfere with justice.


UNITED KINGDOM(UK): In early 1990s, Britain developed a technique called “investigate interviews”. This was known as the leader of provocative interviews. In England, the quality of proof produced is excellent. The treatment of the suspect is not harsh and fair. The United Kingdom strictly prohibits the use of threats and forces that are altogether called mandatory. Over the years, the UK has improved a lot in interviewing practices and has been way more concerned with collecting information than candid information. 

CANADA: In Canada, the method used for interrogation is called “lead technique” and it was named after Chicago police officer John Reed. This skill involves three levels of fact analysis, interviews and interrogation. At the start, only criminal suspects knew the signs of lying and disclosing the truth. If a visitor by mistake finds out that a criminal suspect is lying, they are questioned in such a way that they feel guilty. This includes denying to accept the criminal suspect and not believing in their statements. 

1.Interviews that are conducted under police detention must be recorded in video, especially in those cases if the suspect is involved in serious personal and violent crime in the entire conversation, not just in the final statement.

2. Research standards should improve the reliability of the results of the investigation process.

UNITED STATES OF AMERICA(USA): False confession is not new to any country. Their business included the whole world including the US. In countries like the US, lead technology is used to interview suspects. Police opened their eyes to interrogation and modern sign of interrogation.

CONCLUSION: The most persuasive evidence that a country can defend an innocent defendant is a false confession. Such false confessions of suspects often violates the evidence, and the jury makes a decision based on evidence.


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