Question

A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as ----------

• A. Extra-judicial confession
• B. Judicial confession
• C. Retracted confession
• D. Voluntary confession

Hint:

Understand the classification of confessions. Judicial vs. Extra-judicial refers to *to whom* the confession is made. Retracted refers to the *action* of the accused taking it back. A retracted confession does not become inadmissible, but its evidentiary value is significantly weakened, and courts generally look for strong corroboration before relying on it.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the specific legal term for a confession that is made by an accused before the trial but is later taken back or denied by the accused during the trial.
Step 2: Detailed Explanation:
Let's analyze the types of confessions:
- Judicial Confession: A confession made before a court or a magistrate in the due course of legal proceedings (e.g., under Section 164 of CrPC).
- Extra-judicial Confession: A confession made to any person other than a judge or magistrate (e.g., to a private citizen).
- Retracted Confession: This is not a separate type but a description of what happens to a confession (either judicial or extra-judicial) when the accused who made it later denies having made it or alleges that it was made under duress or was untrue. The scenario described in the question—admitting before trial and repudiating at trial—is the exact definition of a retracted confession.
- Voluntary Confession: Refers to the nature of the confession, meaning it was made freely, without any threat, promise, or inducement.
Step 3: Final Answer:
The statement is known as a Retracted confession.

Answer 2

The scenario describes an accused who admits guilt before trial but then denies or withdraws that admission once the trial begins. Each option should be tested against this specific sequence of admitting and then withdrawing.

1. Extra-judicial confession: This term classifies a confession by where it was made, to someone other than a judge or magistrate, such as a private individual or a police officer outside the recording safeguards of Section 164 CrPC. It says nothing about whether the confession was later withdrawn, so it does not capture the retraction described in the question.
2. Judicial confession: This term also classifies a confession by where it was made, before a court or magistrate in the course of legal proceedings, again saying nothing about whether it was later taken back. Either a judicial or an extra-judicial confession can subsequently be retracted, so this label alone does not answer the question.
3. Retracted confession: This term describes what happens to a confession afterward, when the person who made it later denies having made it, or claims it was untrue or made under pressure, regardless of whether it was originally judicial or extra-judicial. The scenario in the question, admitting guilt before trial and then repudiating it at trial, is exactly this description.
4. Voluntary confession: This term concerns the manner in which the confession was obtained, freely and without threat, promise or inducement, which is a separate question from whether it was later withdrawn. Nothing in the scenario addresses how the original admission was obtained, only that it was later denied.

Since the scenario is specifically about withdrawal after an earlier admission, and not about where the confession was made or how it was obtained, only the retraction-based label fits.

Therefore, the correct answer is Retracted confession.