Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Confession made in the court should be free and voluntary.

Facts: Sumeet wanted to give an expensive gift to his girlfriend on her birthday. But he did not have enough money. So he snatched a gold chain from an old lady. Police arrested Sumeet on suspicion and in the lock-up, the investigating officer told him that if he would admit his guilt he shall be set free. Sumeet confesses his guilt in the court.

• A. Sumeet shall be released as he admitted his guilt.
• B. The court will set him free because of his truthfulness.
• C. Sumeet shall not be punished as the police officer has promised him release.
• D. Sumeet shall not be punished merely on the basis of this suggested confession.

Answer 1

Answer: (D)

Sumeet shall not be punished merely on the basis of this suggested confession.

Section 24 of Indian Evidence Act tells about confession. The type of confession in the question is judicial confession, which are made in the court in front of the magistrate (section 164 of CrPC). This confession should be free and voluntary but here in the question, Sumeet confessed to commit the offence on the suggestion of the investigating officer. Hence his confession was neither voluntary nor free. Hence he shall not be punished. The correct answer is D.