LANGUAGE IN INDIA

Strength for Today and Bright Hope for Tomorrow

Volume 13:5 May 2013
ISSN 1930-2940

Managing Editor: M. S. Thirumalai, Ph.D.
Editors: B. Mallikarjun, Ph.D.
         Sam Mohanlal, Ph.D.
         B. A. Sharada, Ph.D.
         A. R. Fatihi, Ph.D.
         Lakhan Gusain, Ph.D.
         Jennifer Marie Bayer, Ph.D.
         S. M. Ravichandran, Ph.D.
         G. Baskaran, Ph.D.
         L. Ramamoorthy, Ph.D.
Assistant Managing Editor: Swarna Thirumalai, M.A.

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M. S. Thirumalai
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Preplanned Crimes -
An Analysis of Statements and Confessions in Forensic Linguistics

N. Vijayan, M.A. (Criminology and Police Administration), M.A. (Linguistics)

Confession and Admission

Obtaining a confession is one of the most important aims of police interrogation, and it is estimated that more than 80% of solved criminal cases are solved by a confession.

The term confession is not defined in the Evidence Act of India. All the provisions relating to confessions occur under the heading of admission, which is applicable to confession also. Section 17of Indian Penal Code (IPC) defines ‘admission’ or here ‘confession’ as “a statement oral or documentary which suggests any inference to any fact in issue or relevant fact” (Ashima Garg, 2011). A confession can be defined as an admission made at any time by a person charged with the crime stating or suggesting an inference that he committed the crime. But in our country ‘no person accused of any offence shall be compelled to be a witness against himself.’ (Article 20(3), Constitution of India).

A Form of Proof - Confession

“Confession, a specific form of testimony, involving oneself, is used as a form of proof in judicial matters or at least at the time of finding out the facts” (Cipes, 1966). The value of confessions, however, is discussed, and law generally requests cross-checking them with objective facts and other forms of evidence, namely, exhibits, testimonies from witnesses, etc. in order to evaluate their value (O'Hara & O'Hara, 1980). On one hand, confessions obtained under torture have often been considered as not objective enough, since the use of such means may lead to the suspect in confessing anything. However, when the confession reveals secret only known to the performer (such as the location of the body or the weapon used), the confession is reliable and these are, normally, used by the police to find out the exact mode of crime.

This is only the beginning part of the article. PLEASE CLICK HERE TO READ THE ARTICLE IN PRINTER-FRIENDLY VERSION.

N. Vijayan, M.A. (Criminology and Police Administration), M.A. (Linguistics)
Ph.D. Research Scholar
Centre for Advanced Studies in Linguistics
Annamalai University
Annamalainagar
Tamilnadu
India
Vijayan733@hotmail.com
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