Deliberate and voluntary confessions of guilt, if clearly proved, are amongst the most effectual proofs in the law. That is because it cannot be ordinarily presumed that a rational being will wantonly make admissions prejudicial to his interests and safety.

But in a large variety of cases it is seen that the confession is retracted at the trial. So then, it falls to the duty of the Court to determine if a confession is voluntary.

The burden will be on the prosecution. If the circumstances in which a confession was made throw a doubt upon its voluntary character, it must be rejected. If the accused claims that the confession was induced or coerced, unless the voluntary nature is fully proved, the confession has no value. The accused is not required to prove his assertion affirmatively.

All that may have to be considered is whether what he says is possible. If there is nothing on record to show that his assertion is false and, judged from other circumstances, such things can happen and may have happened in the instant case that is enough to give the benefit to the accused.

ADVERTISEMENTS:

If the reasons given by the accused for withdrawing the confessional statement are palpably false and the statement is held to be true and voluntary, the question arises, what is the importance and weight to be attached to the confession, retracted as it stands.

If the truth of the confession is established by corroboration in material particulars by independent evidence, it can be acted upon. What is sufficient corroboration for this purpose has to be decided in each case on its own facts and circumstances.

It may, however, be generally stated that where the prosecution by the production of reliable evidence which is independent of the confession, establishes the truth of certain parts of the account given in the confession and those parts are so integrally connected with other parts of the confession, that a prudent Judge would think it reasonable to believe, in view of the established truth of these parts that what the accused has stated in the confession as regards his own participation in the crime, is also true, that is sufficient corroboration.