Question

A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as ----------

• A. Extra-judicial confession
• B. Judicial confession
• C. Retracted confession
• D. Voluntary confession

Hint:

Understand the classification of confessions. Judicial vs. Extra-judicial refers to *to whom* the confession is made. Retracted refers to the *action* of the accused taking it back. A retracted confession does not become inadmissible, but its evidentiary value is significantly weakened, and courts generally look for strong corroboration before relying on it.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the specific legal term for a confession that is made by an accused before the trial but is later taken back or denied by the accused during the trial.
Step 2: Detailed Explanation:
Let's analyze the types of confessions:
- Judicial Confession: A confession made before a court or a magistrate in the due course of legal proceedings (e.g., under Section 164 of CrPC).
- Extra-judicial Confession: A confession made to any person other than a judge or magistrate (e.g., to a private citizen).
- Retracted Confession: This is not a separate type but a description of what happens to a confession (either judicial or extra-judicial) when the accused who made it later denies having made it or alleges that it was made under duress or was untrue. The scenario described in the question—admitting before trial and repudiating at trial—is the exact definition of a retracted confession.
- Voluntary Confession: Refers to the nature of the confession, meaning it was made freely, without any threat, promise, or inducement.
Step 3: Final Answer:
The statement is known as a Retracted confession.