If you’re arrested by the Police and taken in to custody where you’re promised,tortured or threatened into making a confession, admitting that you committed the particular crime or offense, that confessional statement will.... Thread!!!

not be used against you in court, it will be inadmissible because it was not willingly made by you except it is proven that you made the confession out of your own will without any coercion.

Section 29 (2) and (5) of the Evidence Act 2011, states that any confession obtained from an accused person by torture, inhuman or degrading treatment, the use or threat of violence, hence by oppression, would not be voluntary but would be classified as unreliable and

inadmissible in evidence against the accused person. Once such a confession is declared not to be voluntary, the effect is that the confession never existed in the eyes of the law, and so was never made by the accused person and his right to silence is thus

reborn. Thus, any confession obtained by oppression of the person who made it or any confession, which in the discretion of the court was considered unreliable because of the circumstances existing at the time it was made, will not be deemed voluntary, and consequently

would not be relevant or admissible in evidence by the court. The only exception would be where the prosecution proves to the court beyond reasonable doubt, in those cases where the circumstances existing at the time the confession was obtained were likely to render the

confession unreliable, that the confession in question was actually not obtained by torture, inhuman or degrading treatment, use or threat of violence, or by any other act that would be regarded by the court as oppression of the person who made the confession.

Know your right today and be aware.

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Let me also add that the ACJL has tried to take care of the above position by providing that any confessional statement of an accused person should be recorded on a video. In the absence of a video, the statement should be made in the presence of the Accused person’s lawyer.