Basis

Judicial Confession

Extra Judicial Confession

Meaning

Confession made to a magistrate or in a Judicial Proceeding.

Confession made to a private person or non-judicial authority.

Legal Authority

Recorded under Section 164 CrPC / Section 183 BNSS.

Not governed by any specific legal provision; admitted under general rules of Evidence.

Person receiving Confession

Judicial Magistrate or Judge.

Any person: friend, neighbor, father, mother, wife etc.

Recording Procedure

Must follow strict legal safeguards.

No legal format may be oral or written.

Requirement of Voluntariness

Magistrate must verify and certify that confession is made voluntarily.

Court must assess Voluntariness from facts and witness credibility.

Evidentiary Value

High - can be sufficient for conviction if found voluntary and true.

Low to Moderate - needs strong corroboration.

Can it be sole basis of Conviction?

Yes, if properly recorded and voluntary.

No, unless corroborated by other evidence.

Safeguards Provided

Full procedural safeguards under CrPC / BNSS.

No statutory safeguards – depends on facts.

 Admissibility in Court

Generally admissible unless proven involuntary.

Admissible, but court must be cautious.

Reliability

Considered more reliable and authentic due to official supervision.

Considered less reliable - may be false, misunderstood.

Retraction Possibility

Can be retracted, courts examined if earlier confession was voluntary.

Can also be retracted, but value drops significantly.

Use against co-accused

Can be used with caution if jointly tried and properly recorded.

Same rule applied but even less weightage given.

Language and translation

Must be recorded in language understood by the accused with translation if necessary.

No such requirement, but miscommunication can reduce evidentiary value.

Cross examination

Magistrate is usually not cross examined, as recording is formal.

Person to whom confession is made must testify and face cross examination.

Example

Confession before magistrate during remand.

Accused tells a friend 'I killed him'.