Unit 4: Admissibility and Inadmissibility of Evidence
4.1 Admissible Evidence
4.1.1 Admission and Confession: Retracted Confession, Extra Judicial Confession and Confession in a Joint Trial
The admission — the party’s statement-against-interest (the civil faces): the admission’s admissibility (the relevancy’s logic: the party’s own words); the informal admissions (the conduct’s faces); the formal (the recorded). The confession — the accused’s admission of guilt (the criminal faces): the admissibility’s conditions — the voluntariness (the free-and-informed); the Magistrate’s recording (the procedural safeguards); the corroboration’s prudence. The retracted confession — the confession later denied: the admissibility survives the retraction (the court’s scrutiny heightened — the voluntariness’s re-test; the corroboration’s near-necessity — the rule of prudence). The extra-judicial confession — the confession outside the court (to the police, the neighbours, the cellmates): the admissibility’s debates (the reliability’s caution — the co-accused’s-and-cellmate’s faces; the corroboration’s search). The confession in a joint trial — the co-accused’s confession: the confessor’s own case (admissible against the confessor); the co-accused’s non-use — the confession’s truth-so-far (the weak evidence against the others — the corroboration’s need; the court’s careful use).
The prescribed case (cited verbatim; honest note): Puskar Gautam v. Government of Nepal (NKP 2080 B.S., Vol. 6, D.No. 11103) — the recent Supreme Court’s decision in the evidence-confession world (read the NKP report for the precise facts-and-holding).
4.1.2 Statement on the Spot
The res gestae’s kin: the statements made at the scene-and-the-moment (the excitement’s spontaneity — the reliability’s guarantee): the victim’s cries (the identification’s shout), the bystanders’ exclamations; the contemporaneous narrative’s admissibility (the hearsay’s exception — the U2.3’s justification).
4.1.3 Dying Declaration
The deathbed’s words: the victim’s statement on the cause-and-circumstances of the death. The admissibility’s logic: the necessity (the victim’s unavailability) + the reliability (the death’s solemnity — no motive to lie at the threshold). The conditions:
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