Procuring Confessional Evidence of Criminals, Its Significance As Compared To Forensic, Digital and Other Oral Evidence of Witnesses

Dr Aftab Ahmad Malik

Abstract

The work presented in this paper concentrates on the significance of confessional statement of the criminal and particularly how it is procured; using what methodology and tactics. The significance of voluntary confession is more effective evidence in court of law. The question that merely a confessional statement of the accused is sufficient for punishment or it must be coupled, conjoined and amalgamated with other types of evidence such as forensic, digital forensic, documentary or oral evidence tendered by prosecution witnesses. The reasons for voluntary confession must be recorded in writing in court of law. Therefore, confessional statements obtained by torture or other third degree methods by police or investigating agency may jeopardize and endanger the administration of justice. A few third degree methods to obtain the confessional statement are exhibited. Sometimes, innocent persons admit their guilt and are punished in the absence of transparency. However, the significance other types of evidence cannot be ruled out in the presence of confessional statement of the criminal. The paper also presents the analysis of the authenticity of the confessional statement gathered using medication or methods of hypnotism.