Difference between old and new evidence act on confession

The Evidence Act, 1872 and the Evidence Act, 2011 are two different laws that govern the admissibility of evidence in Indian courts. The main difference between the two acts is the approach to confessions.

Old Evidence Act, 1872:

Under the old Evidence Act, a confession made by an accused person was admissible as evidence against him, regardless of whether it was voluntary or not. The Act did not provide any specific safeguards to ensure that confessions were made voluntarily. This led to concerns about the reliability and fairness of confessions as evidence.

New Evidence Act, 2011:

The new Evidence Act, 2011, which came into effect in 2014, has significantly changed the approach to confessions. Under this Act, a confession made by an accused person is admissible as evidence only if it is voluntary and made in the presence of a magistrate. The Act provides several safeguards to ensure that confessions are made voluntarily, including:

  1. Section 164 CrPC: A confession made before a magistrate is admissible as evidence only if it is recorded in the presence of the accused, and the accused is informed of his right to remain silent and to seek legal advice.
  2. Section 25 of the Evidence Act: A confession made by an accused person is inadmissible as evidence if it is obtained by coercion, torture, or any other improper means.
  3. Section 26 of the Evidence Act: A confession made by an accused person is inadmissible as evidence if it is made in the absence of a magistrate or if the accused is not informed of his right to remain silent and to seek legal advice.

Key differences:

  1. Voluntariness: The new Evidence Act places greater emphasis on the voluntariness of confessions, whereas the old Evidence Act did not have any specific safeguards to ensure voluntariness.
  2. Presence of a magistrate: The new Evidence Act requires that confessions be made in the presence of a magistrate, whereas the old Evidence Act did not have any such requirement.
  3. Safeguards: The new Evidence Act provides several safeguards to ensure that confessions are made voluntarily, including the right to remain silent and to seek legal advice.

In summary, the new Evidence Act, 2011, has introduced several reforms to ensure that confessions are made voluntarily and are admissible as evidence only if they meet certain criteria. The old Evidence Act, 1872, did not have these safeguards and allowed confessions to be used as evidence without ensuring their voluntariness.