confession in surrender aplication can b denied??

Neha Tiwari (Querist) 28 March 2010 This query is : Resolved
i frnd of mine got indulged in a case of rash n negligent drive...a person got injured coz of he...he ows the car but was not driving that time...as police was harissing him n his family he confessed in a surrender letter that he drove the car and took bail on the basis of it...my question is can he deny his confession during the procedings infront of magistrate ???and tell the truth???

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adv. rajeev ( rajoo ) (Expert) 28 March 2010
Yes at the time of charge he can deny it.

Kiran Kumar (Expert) 28 March 2010
any statement before police can be denied, as these are not admissible.

Guest (Expert) 28 March 2010
Confession not admissible in evidence... see following law....

Evidence Act....
Section 25. Confession to police officer not to be proved - No confession made to police officer shall be proved as against a person accused of any offence.

Section 26. Confession by accused while in custody of police not to be proved against him - No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.

Explanation - In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure,1898 (V of 1898).

B K Raghavendra Rao (Expert) 28 March 2010
Statement (confession or not) made to a police officer can be denied and the onus of proof lies on the police officer to otherwise prove the fact.

Guest (Expert) 28 March 2010
You may certainly deny the confession, but what is your answer as to who drove the car at the time when incident occurred?

Neha Tiwari (Querist) 28 March 2010
well the name of the real driver could b declared i suppose??

B K Raghavendra Rao (Expert) 28 March 2010
Yes, warrant would be issued against him and proceeded against him.

Adv.Shine Thomas (Expert) 05 April 2010
I agree with the above opinions.

Adv.Shine Thomas (Expert) 05 April 2010
The court should examine the cnfession and compare it with the rest of evidence,in the light of the surrounding circumstances and probabilities of the case.

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