If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
Simplified Explanation
Section 28 of the Indian Evidence Act, 1872 addresses the circumstances under which a confession, initially rendered inadmissible due to inducement, threat, or promise, can become relevant and admissible in court. Specifically, it states that if the influence of the inducement, threat, or promise is removed, and the accused then makes a confession voluntarily, that confession becomes relevant and admissible.
Explanation:
- Initial Inadmissibility:
- As per Section 24, a confession is inadmissible if it is made under the influence of inducement, threat, or promise from a person in authority, which leads the accused to believe that they would gain some advantage or avoid some evil by confessing.
- Removal of Influence:
- Section 28 provides an exception to this rule. If the court is satisfied that the inducement, threat, or promise that initially rendered the confession inadmissible has been removed, and the accused makes a new confession voluntarily, then this confession can be admitted as evidence.
- Voluntary Confession:
- The key factor under Section 28 is that the confession must be made voluntarily, without any lingering influence from the previous inducement, threat, or promise. The court must be convinced that the confession is genuinely the result of the accused’s free will, after the negative influence has been completely removed.
- Court’s Satisfaction:
- The court has the discretion to determine whether the influence has been fully removed. The confession will only be considered relevant if the court is satisfied that the accused made it without any pressure, and that the earlier inducement, threat, or promise no longer played any role in the decision to confess.
Example:
Imagine a scenario where A is accused of theft. During the initial police interrogation, A is threatened by the police and confesses to the crime. This confession is inadmissible under Section 24 because it was made under threat.
- Removal of Threat: Later, A is brought before a Magistrate, and the Magistrate ensures that A is aware that no harm or benefit will result from confessing or not confessing. The Magistrate explains that the earlier threats made by the police hold no power in the court, and A is free to speak voluntarily.
- Voluntary Confession: After understanding this, and feeling assured that the threat no longer exists, A voluntarily confesses to the crime before the Magistrate.
- Admissibility under Section 28: This new confession, made in the presence of the Magistrate, would be admissible under Section 28. The court would consider it relevant because the initial influence (the threat) had been removed, and A made the confession voluntarily.
Significance:
Section 28 is significant because it ensures that only voluntary confessions, free from any improper influence, are admitted in court. It provides a safeguard against coerced confessions while still allowing the court to consider genuine confessions made after the removal of any undue influence. This section reinforces the importance of the voluntary nature of confessions and ensures that the rights of the accused are protected while still enabling the justice system to consider relevant evidence.
