Voluntary Voluntary Confession - Law Dictionary

Voluntary, voluntary confession

Voluntary, voluntary confession, the crux of mak-ing a statement voluntarily is, what is intentional, intended, unimpelled by other influences, acting on one's own will, through his own conscience. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confessor which impels him to speak out the truth. Internal compulsion of the conscience to speak out the truth normally emerges when one is in despondency or in a perilous situation when he wants to shed his cloak of guilt and nothing but disclosing the truth would dawn on him. It sometimes becomes so powerful that he is ready to face all consequences for clearing his heart, Devender Pal Singh v. State of NCT of Delhi, (2002) 5 SCC 234 (260): AIR 2002 SC 1661. [Terrorist and Disruptive Activities (Preven-tion) Act, 1987, s. 15]...

free

free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...

free

free 1 a : having the legal and political rights of a citizen [representatives…shall be determined by adding to the whole number of persons "U.S. Constitution art. I"] b : enjoying civil and political liberty [a people] c : enjoying political independence or freedom from outside domination [these united colonies are, and of right ought to be and independent States "Declaration of Independence"] d : not subject to the control or domination of another 2 : made or done as a matter of choice and right : not compelled or restricted [no law respecting an establishment of religion, or prohibiting the exercise thereof "U.S. Constitution amend. I"] [a and voluntary confession] 3 : relieved from or lacking a burden (as a lien or other encumbrance on title) [a buyer in ordinary course of business…takes of a security interest created by his seller "Uniform Commercial Code"] 4 : not bound, confined, or detained by force [ on bail] 5 a : having no trade restrictions b : not ...

Confession

Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...

confession

confession 1 : an act of confessing 2 : an acknowledgment of a fact or allegation as true or proven ;esp : a written or oral statement by an accused party acknowledging the party's guilt (as by admitting commission of a crime) compare admission declaration against interest at declaration, self-incrimination NOTE: Courts differ on how a confession establishes the accused's guilt; for example, in some jurisdictions the confession has to establish all the necessary elements of the crime. In order to be admissible as evidence, a confession must be voluntary. A guilty plea is considered a judicial confession. ...

Waiver

Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...

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