Ans: The position of the law is well established that a confession made by one accused person or suspect is a relevant fact against the person making it only and not against any other person the confession must implicate.
That is to say a confession made by an accused is admissible against him only.
When is a confession non admissible?
Ans. Confession made by inducement, threat or promise - a confession should be free or voluntary. Else it is not admissible.
Admissibility of confession:
Several factors determine the admissibility of confession.
These include it's voluntary and truthful nature.
Veracity ( habitual truthfulness), intention, confession etc.
However the most important is to whom the confession is made which can largely impact its admissibility.
Confession made to a police officer is absolutely inadmissible in accordance with provisions laid down in law of evidence.
However, the same confession made to a competent magistrate becomes admissible.
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