October 6, 2018 In Uncategorized



Extra-judicial confessions are those confessions that are made by an accused before any person other than a magistrate or in a court. It is a free and voluntary confession of guilt by a person accused of a crime in the course of conversation with persons other than a judge or a magistrate. Extra-judicial confession can be accepted and be the basis of a conviction if it passes the test of credibility.

Various courts in India have held that extra-judicial confessions must be received with great caution and can be relied upon only when it is clear, consistent and convincing. It is the court’s discretion to decide upon the credibility of the witness in front of whom such confession has been made, as there may be a risk of failure of the party expressing his/her understanding about the confession. In order to resolve these issues, various courts have required some material corroboration that connects the accused person with the crime in question.

The Supreme Court has laid down the following guidelines dealing with extra-judicial confessions in Sahadevan & Anr. vs. State of Tamil Nadu 2012 and reiterated in Vijay Shankar v. State of Haryana vide judgment dated 04-08-2015:

The extra-judicial confession is weak evidence by itself. It has to be examined by the court with greater care and caution.

It should be made voluntarily and should be truthful.

It should inspire confidence.

An extra-judicial confession attains greater credibility and evidentiary value if it is supported by a chain of cogent circumstances and is further corroborated by other prosecution evidence.

For an extra-judicial confession to be the basis of conviction, it should not suffer from any material discrepancies and inherent improbabilities.

Such statement essentially has to be proved like any other fact and in accordance with law.

Recently, the Supreme Court has in Ram Lal vs. State of Himachal Pradesh passed a Judgment dated 03-10-2018, where it held that extra-judicial confession of accused need not be corroborated in all cases. It further held that conviction can be made on the basis of voluntary confession which is corroborated by independent evidence. But in cases of extra judicial confession it is not necessary to corroborate each and every circumstance mentioned in the confession. The courts can exercise their discretion in convicting an accused based on his/her voluntary confession alone.

In the present case, the accused was convicted for falsifying the accounts of the United Commercial Bank, Shimla by the Trial Court and the High Court of Himachal Pradesh.

In the Appeal before the Supreme Court, it was averred that the extra judicial confession made by the accused may have been under a threat or inducement by higher officials of the said Bank. But the Apex Court held that such threat or inducement should create a reasonable belief in the mind of the accused that he would get an advantage by making such confession. Thus, the Supreme Court concluded that the conviction of the accused was correct as it was based on his voluntary extra judicial confession statement.

Harini Daliparthy

Senior Associate at The Indian Lawyer


Arifa Khan

P.G. College of Law, Osmania University, Hyderabad

Intern at The Indian Lawyer

Comments (10)

free private proxy

May 5, 2019, 9:04 am

woh I love your blog posts, bookmarked! .


administratiekantoor breda

May 5, 2019, 6:27 pm

This article will help the internet users for building up new
web site or even a weblog from start to end.


Bovenaan in Google

Jun 6, 2019, 1:26 am

I truly wanted to write a brief note so as to say thanks to you for the stunning secrets you are sharing here. My extensive internet investigation has at the end of the day been paid with pleasant suggestions to share with my friends and family. I would repeat that we readers actually are unequivocally blessed to live in a very good network with many brilliant individuals with very helpful techniques. I feel somewhat grateful to have encountered your entire webpages and look forward to some more pleasurable minutes reading here. Thank you once more for everything.



Jun 6, 2019, 5:49 pm

Keep up the good work! Thanks.


bloxburg money glitch

Jun 6, 2019, 10:44 am

Ha, here from google, this is what i was looking for.



Jul 7, 2019, 2:48 pm

Hey, happy that i stumble on this in google. Thanks!


moncler coat

Jul 7, 2019, 4:52 am

I intended to put you the little bit of observation to give many thanks over again for these breathtaking solutions you’ve featured in this case. This is simply shockingly open-handed of people like you to supply openly precisely what a number of us would have offered for sale as an e book to help with making some money on their own, precisely since you could possibly have done it if you ever considered necessary. Those good tips in addition acted to provide a great way to fully grasp that other people online have the identical dreams just as my very own to realize lots more when it comes to this condition. I’m certain there are many more pleasurable opportunities in the future for individuals who looked over your blog post.



Jul 7, 2019, 6:58 pm

I’m impressed, I have to admit. Genuinely rarely should i encounter a weblog that’s both educative and entertaining, and let me tell you, you may have hit the nail about the head. Your idea is outstanding; the problem is an element that insufficient persons are speaking intelligently about. I am delighted we came across this during my look for something with this.


lebron 16

Jul 7, 2019, 8:29 pm

I precisely needed to say thanks yet again. I’m not certain the things that I would have sorted out in the absence of the actual tactics contributed by you about this subject matter. This was a very frightful concern for me, nevertheless noticing a new professional approach you processed that took me to jump for fulfillment. I’m just happier for your information and as well , sincerely hope you recognize what a powerful job you were undertaking teaching men and women by way of your website. I am sure you haven’t encountered all of us.


adidas yeezy boost

Aug 8, 2019, 8:25 am

I have to get across my love for your kind-heartedness supporting those people who really want help on in this subject matter. Your personal commitment to passing the message throughout came to be unbelievably beneficial and have truly empowered women much like me to arrive at their targets. Your entire warm and helpful instruction denotes this much to me and far more to my office workers. Many thanks; from all of us.


Leave a Reply