Admissibility and Relevance of
Confessions in Criminal Law
Confession to Police Officer & Relevant
Confession under Law of Evidence (QSO) 1984
Introduction
In criminal cases, a confession is a statement made by a guilty person that
either admits the offense in terms or substantially admits all the facts that
constitute the offense. The Qanoon-e-Shahadat Order (QSO) 1984 does not
provide a clear definition of confession, but the gist of the related Articles
(37-45) is that a confession is a statement made by a guilty person
voluntarily and without any undue influence in front of a person who has the
authority to take it. The confession should not include any compromise,
threats, promises, or benefits given in exchange.
Admissibility of Confession
The admissibility and relevancy of a confession depend on the facts of each
case. A confession would be inadmissible if its making appears to the court
to have been caused by any inducement, threat, or promise, or if it is made
before a police officer or when the accused was in police custody.
According to Article 38 and 40 of the QSO 1984, the determination of the
admissibility or otherwise of a confession is left solely to the court.
Confession made while in police custody is not admissible, as stated in the
High Court Rules and Orders, Volume II, Chapter 13.
Confession to Police Officer
Article 38 of the QSO 1984 states that a confession made before a police
officer cannot be used against the accused. This is the case even if the
accused was unaware that the person to whom they confessed was a police
officer. Additionally, under Article 39, a confession made by an accused
person while in police custody cannot be proved against them unless it is
made in the immediate presence of a magistrate.
Confession in Consequence of Discovery
Article 40 of the QSO 1984 states that if a confession of the accused is
supported by the discovery of a fact, it may be presumed to be true and not
to have been extracted. This provision comes into operation only if:
There must be a fact discovered.
The fact must have been discovered in consequence of some
information received from the accused.
1.
2.
