Introduction
Confession is a crucial aspect of the criminal justice system, often serving as a key piece of evidence in securing convictions. However, the psychology of confession is a complex and multifaceted phenomenon that various factors can influence. In this article, we will delve into the psychological dynamics of confession, exploring the reasons why individuals may confess to crimes they did or did not commit.
Though it is an undiscovered term, it is expressed and defined in the Indian Evidence Act but under the definition of admission in section 17 of the Indian Evidence Act, it also applies to confession in the same manner.
Elements of Confession
To understand confession fully, we need to examine its key elements:
- Admission of Guilt: A confession involves an explicit acknowledgement and acceptance of responsibility for a crime or wrongful act.
- Voluntariness: A confession must be made voluntarily, and free from coercion or undue influence.
- Detailed and Specific: Confessions often provide specific details about the crime and exemplify the individual’s intimate knowledge of the events.
The Psychology Of False Confession
False confessions can occur for a variety of reasons, including:
1. Coercion: Individuals may confess to a crime due to physical or psychological coercion, such as threats, promises, or intimidation.
2. Persuasion: Individuals may confess due to persuasive tactics, such as minimization or maximization, which can lead them to believe that confessing is in their best interest.
3. Cognitive biases: Individuals may confess due to cognitive biases, such as the confirmation bias or the anchoring bias, which can lead them to misinterpret evidence or overestimate the likelihood of their guilt.
4. Mental health issues: Individuals with mental health issues, such as anxiety or depression, may be more susceptible to false confessions due to their increased vulnerability to coercion and persuasion.
The Importance Of Proper Interrogation Technique
To minimize the risk of false confessions, it is essential to use proper interrogation techniques that prioritize the suspect’s rights and well-being. Some best practices include:
1. Recording interrogations: Recording interrogations can help to ensure that the suspect’s rights are protected and that the interrogation is conducted fairly.
2. Using open-ended questions: Using open-ended questions can help to encourage the suspect to provide more accurate and detailed information.
3. Avoiding coercion and persuasion: Avoiding coercion and persuasion can help to minimize the risk of false confessions.
4. Providing Miranda warnings: Providing Miranda warnings can help to ensure that the suspect is aware of their rights and that they are protected.
CASE LAW:
PAKALA NARAYAN SWAMI VS. EMPEROR,
Lord Atkin observed that ‘a confession must either be admitted in the context of any offense or in relation to any substantial facts that inaugurate the offense with criminal proceedings. And an admission of serious wrongdoing, even a conclusively incriminating fact, is not itself a confession.
REID TECHNIQUE: A FLAWED APPROACH?
The Reid Technique is a widely used method of interrogation that involves a combination of direct confrontation, psychological manipulation, and control. While this technique has been effective in eliciting confessions, it has also been criticized for its potential to produce false confessions.
Research has shown that the Reid Technique can lead to false confessions due to its reliance on coercion, persuasion, and minimization. For example, a study published in the Journal of Applied Psychology found that individuals who were subjected to the Reid Technique were more likely to provide false confessions than those who were not.
CONFESSION V. ADMISSION
A confession implies an intent to admit guilt, while an admission may not necessarily imply guilt.
A confession typically involves a broader acknowledgement of guilt, while an admission may be limited to specific facts or circumstances.
Confessions are considered more probative evidence than admissions, as they provide direct evidence of guilt.
CONFESSION TO POLICE CUSTODY AND THE EFFECT OF POLICE PRESENCE
Although the essence of commission is covered by several legislation, confessions are particularly covered under Sections 24 to 30 of the Evidence Act and Sections 162 to 164 of the CrPC.
Section 25 provides that “No statements made to a police officer shall be considered as a confession to prove that confession against that person who is accused to the case”. The terms explained under Section 25 of this Act have vital importance, which makes sure that any confession made by the accused to the police officer under any circumstances until provided, is not admissible as evidence in a court of law against the accused to prove his guilt.
Section 26 prohibits the judicial bodies from proving the guilt of the accused by his confession, which is made to police in police custody. Section 26 imposes a partial ban on provisions stated in Section 25 that a confession made to the police officer in police custody may be admissible if the confession is recorded in the immediate presence of a magistrate.
Conclusion
The psychology of confession is a complex phenomenon influenced by cognitive biases, emotional states, and social pressures. Understanding these factors can:
1. Improve interrogation techniques
2. Reduce false confessions
3. Promote justice
Further research and interdisciplinary collaboration are necessary to develop evidence-based practices and ensure a more just and equitable criminal justice system.
CONTRIBUTED BY TANISHA ARORA