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35-414: A confession is an acknowledgement of fact by one who would have otherwise preferred to keep that fact hidden. Confession may also refer to: Confession In one sense it is the acknowledgment of having done something wrong, whether on purpose or not. Thus confessional texts usually provide information of a private nature previously unavailable. What a sinner tells a priest in the confessional,

70-979: A Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was introduced in the Lok Sabha. On 26 December 2023, it was replaced with Bharatiya Nagarik Suraksha Sanhita (BNSS). In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law came into prevalence. The British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court

105-522: A Magistrate for consideration. Section 361 narrows down the discretion of the Court to sentence an offender without taking into consideration the provisions of Section 360 and similar provisions contained in the Probation of Offenders Act or any other law for treatment, training and rehabilitation of youthful offenders. It requires that when such provisions are applicable, the Court must record in writing,

140-496: A Second Class Magistrate may, if so empowered by the High Court, summarily try an offence punishable with fine or with imprisonment not exceeding six months or the abetment or attempt to commit such an offence. As per section 262(2) no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter 21. A summary trial tried by a magistrate without being empowered to do so

175-446: A confession in police custody is admissible . It reads: When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. This section does not apply to information given to police by an accused person who

210-404: A criminal court by virtue of Section 357, 358 and 359. This has been done to provide just, speedy and less expensive redress to the victim. The court is empowered to levy a fine from the offender. Such fine may, wholly or in part, be used for the purpose of compensating the victim as per the amendment of 2009. A new section 357A has been inserted which talks of victim compensation scheme. Further in

245-453: A police officer may arrest without a court-mandated warrant in accordance with the first schedule of the code. For non-cognizable cases the police officer may arrest only after being duly authorized by a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones. Cognizable offences reported under section 154 CrPC while non-cognizable offences reported under section 155 CrPC. For non-cognizable offences

280-553: Is an exception to the hearsay rule that allows testimony concerning someone else's confession to be admitted if the statement had a great enough tendency "to expose the declarant to civil or criminal liability". The theory is that a reasonable person would not make such a false confession . In U.S. law, a confession must be voluntary in order to be admissible. Confessions (whether forced or otherwise) may feature in formal or informal show trials . In India sections 24 to 30 of Indian Evidence Act, 1872 deals with confession, but

315-476: Is a summons case. If the case appears to be a warrant case, he may issue a warrant or summons, as he sees fit. Section 2(w) of the Code defines summons-case as, a case relating to an offence, and not being a warrant-case. Section 2(x) of the Code defines warrant-case as, a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The Criminal Procedure Code

350-568: Is applicable in the whole of India. The Parliament's power to legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of India . Though, as of 2019, the Parliament has revoked Article 370 from Jammu and Kashmir, thus rendering the CrPC applicable to the whole of India. Provided that the provisions of this Code, other than those relating to Chapters (VIII), (X) and (XI) thereof, shall not apply- (a) to

385-580: Is the final reasoned decision of the Court as to the guilt or innocence of the accused. Where the accused is found guilty, the judgment must also contain an order requiring the accused to undergo punishment or treatment. Every court must deliver the judgement in the language of that court as determined by the State Government. It must contain the points that lead to the determination of guilt or innocence. It usually commences with facts and must indicate careful analysis of evidence. It must also specify

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420-410: Is void. The procedure for a summons case is to be followed, subject to special provisions made in this behalf. The maximum sentence that may be awarded by way of a summary trial is three months with or without fine. The Magistrate may give up the summary trial in favour of the regular trial if he finds it undesirable to try the case summarily. The judgement is to be delivered in abridged form. Judgment

455-534: The Black's Law Lexicon as security for the appearance of the accused person on giving which he is released pending trial or investigation The First Schedule to the Code, classifies the offences defined in the Indian Penal Code . Besides specifying whether an offence is Bailable or Non-Bailable it also specifies if it is Cognizable or Non-Cognizable, which Court has the jurisdiction to try the said offence,

490-409: The Code lists certain offences which may be summarily trialed by any Chief Judicial Magistrate , any Metropolitan Magistrate or any Judicial Magistrate First Class . A First Class Magistrate must first be authorised by the respective High Court to that effect before he may try cases summarily under this Section. The offences that may be tried summarily under this Section are: Apart from the above,

525-461: The Constitution. Judgements and orders arising from petty cases are not appealable unless the sentences are combined with other sentences. There can not be an appeal when the accused pleads guilty and is convicted on such plea by the High Court. If the conviction from a plea of guilt is by a Sessions Court, Metropolitan Magistrate or a Magistrate of First or Second Class, only the legality of

560-465: The High Court has, on appeal reversed an order of acquittal and sentenced him to death and imprisonment for a term of ten years or more, the accused may appeal to the Supreme Court. The Constitution provides that an appeal shall lie to the Supreme Court against the direction of Supreme Court if the High Court certifies that the case involves substantial questions of law as to the interpretation of

595-459: The Magistrate empowered to take cognizance under section 190 CrPC. Under section 156(3) CrPC the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan /report for cancellation. (2003 P.Cr.L.J.1282) Under Section 204 of the code, a Magistrate taking cognizance of an offence is to issue summons for the attendance of the accused if the case

630-583: The State of Nagaland, (b) to the tribal areas, However the concerned State Government may, by notification apply any or all of these provisions in these areas. Moreover, the Supreme Court of India has also ruled that even in these areas, the authorities are to be governed by the substance of these rules There is no definition of the term " bail " under the code though the terms "bailable" and "non-bailable" have been defined. It has however been defined by

665-467: The accused considers it expedient to release the offender, it may do so either on probation of good conduct or after due admonishment. This provision is contained in Section 360 of the Code. Thus the court may direct that the offender be released on his entering into a bond, with or without sureties. The offender is further required to keep peace and be of good behaviour as well as appear thereafter before

700-585: The contrary, no longer at liberty, and is therefore in custody within the meaning of Sec. 26 and 27. According to section 30 of Indian Evidence Act, when two or more persons are tried jointly, a confession by one accused incriminating himself and others is relevant. Dr. Suzanne Karan, a residency program director at the University of Rochester Department of Anesthesiology and Perioperative Medicine, initiated confessions sessions in residency education. In 2015, Dr. Karan published her research on confessions and it

735-410: The court when called upon during such period as the court may decide. This period should not exceed three years. The following conditions have to be satisfied: Alternatively, the offender may be released after due admonition, if the following conditions are satisfied: No Magistrate of Second Class may release an offender under in such manner without being empowered to do so. He may transfer the case to

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770-510: The documents criminals sign acknowledging what they have done, an autobiography in which the author acknowledges mistakes, and so on, are all examples of confessional texts. Not all confessions reveal wrongdoing, however. For example, a confession of love is often considered positive both by the confessor and by the recipient of the confession and is a common theme in literature. With respect to confessions of wrongdoing, there are several specific kinds of confessions that have significance beyond

805-423: The expected benefits outweigh the marginal costs (when the benefit of the offense to them is high, the cost to the victim is low, and the probability of information leakage is high). People may undertake social confessions in order to relieve feelings of guilt or to seek forgiveness from a wronged party, but such confessions may also serve to create social bonds between the confessant and the confessor, and may prompt

840-412: The form of an oral communication to another person. Socially, however, the term may refer to admissions that are neither legally nor religiously significant. Confession often benefits the one who is confessing. Paul Wilkes characterizes confession as "a pillar of mental health" because of its ability to relieve anxieties associated with keeping secrets . Confessants are more likely to confess when

875-408: The listener to reply with confessions of their own. A person may therefore confess wrongdoing to another person as a means of creating such a social bond, or of extracting reciprocal information from the other person. A confession may be made in a self-aggrandizing manner, as a way for the confessant to claim credit for a misdeed for the purpose of eliciting a reaction to that claim. In law, there

910-441: The minimum and maximum amount of punishment that can or shall be awarded for the said offence. The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. The State Government has the power to make certain offences bailable or non-bailable in their respective States. Section 260 Clause 1 of

945-413: The offence under the penal code or such other specific law as well as the punishment sentenced. If acquitted the offence of which the accused is so acquitted must be specified along with a direction that the accused be set at liberty. According to Section 355 of the Code, a Metropolitan Magistrate may deliver judgments in abridged form and should contain: The functions of a civil court may be performed by

980-432: The reason for not allowing the benefit of the same to the offender. Section 30 provides the Court of a Magistrate with the power to award imprisonment for additional terms over the substantive period awarded. The Code and the Constitution of India together provide for multiple ranges of appellate remedy. A person convicted by the High Court exercising original criminal jurisdiction may appeal before Supreme Court. Where

1015-410: The social. A legal confession involves an admission of some wrongdoing that has a legal consequence, while the concept of confession in religion varies widely across various belief systems, and is usually more akin to a ritual by which the person acknowledges thoughts or actions considered sinful or morally wrong within the confines of the confessor's religion. In some religions, confession takes

1050-399: The word confession has not been defined in any statute . It has been judicially interpreted to mean an admission of all the ingredients of an offence. Section 24 mandates a confession must be voluntary. Section 25 renders invalid a confession made to a police officer. Section 26 deals with confession in police custody. Section 27 provides the circumstances under which and to what extent

1085-462: The year 2013 two new sections namely section 357B and section 357C were inserted to make compensation to the victim (as defined under section 2(wa))in addition to fine imposed under section 364A or 376D of the IPC as well as treatment of victim respectively. Having regards to the age, character and antecedents of the offender, and the circumstances in which the offence was committed, if the Court convicting

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1120-506: Was concluded that the use of confessions sessions provided an opportunity to reflect, discuss, and admit without fear of punitive actions and allowed for early intervention on the issues that are relevant to physician trainees. Public confessions play a role in struggle sessions and in other methods of social control and influence involving self-criticism . Code of Criminal Procedure (India) The Code of Criminal Procedure , commonly called Criminal Procedure Code ( CrPC ),

1155-480: Was not in custody at the time it was given. The submission of a person to the custody of a police officer within the terms of Sec. 46(1) of the Code of Criminal Procedure is a custody within the meaning of this section. The word custody in this section does not mean physical custody by arrest .As soon as the accused or the suspected person comes into the hands of police officer, he is, in the absence of clear evidence to

1190-576: Was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime , apprehension of suspected criminals, collection of evidence , determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife , child and parents . On 11 August 2023,

1225-588: Was to apply British procedural law while deciding the cases of the Crown's subjects. After the Rebellion of 1857 , the crown took over the administration in India. The Indian Penal Code, 1861 was passed by the British parliament. The CrPC was created for the first time ever in 1882 and then amended in 1898, then according to the 41st Law Commission report in 1973. Cognizable offences are those offences for which

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