Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
AI Assist
Summary
An otherwise relevant confession remains relevant even if it was made after a promise of secrecy, as a result of deception, while the accused was drunk, in answer to questions he need not have answered (whatever their form), or without a warning that he could refuse and that the confession might be used against him. Such defects do not by themselves exclude the confession, though the court may consider them when assessing its weight.
Example
Priya, after drinking at a small family party, told a police officer she had taken some cash from her employer. The officer had promised to keep it secret and had used a trick to get her to talk. Even though she was drunk, deceived, and not warned she could refuse, her confession can still be admitted if it is otherwise relevant.
Bare Act
Enacted textIf such a confession is otherwise relevant, it docs not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
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