Admissibility of confession by Accused in INDIA and America

  Delving Deep into the Admissibility of Confessions by Co-Accused: A Comparative Analysis of the American and Indian Criminal Legal Systems 

In the realm of criminal jurisprudence, the admissibility of confessions by co-accused stands as a crucial and often debated topic. While recent in-depth analyses of Supreme Court case law in India shed light on this complex issue, it's equally important to compare and contrast this with the American criminal legal system.

Indian Legal System:

In India, the admissibility of co-accused confessions is primarily governed by the Indian Evidence Act of 1872. Section 30 of the Act allows for the admission of statements that are interlinked with other facts discovered as a consequence thereof, providing a legal pathway for such confessions to be considered. This principle is often encapsulated in the legal maxim "Falsus in uno, falsus in omnibus," emphasizing the importance of corroborating evidence to ensure fairness and prevent miscarriage of justice.

American Legal System:

In the United States, the admissibility of confessions is governed by the Fifth Amendment, which protects individuals from self-incrimination and coerced confessions. The landmark case of *Miranda v. Arizona* (1966) established the Miranda Rights, ensuring that suspects are aware of their right to remain silent and to have an attorney present during police interrogation. This principle is reflected in the legal maxim "Nemo tenetur se ipsum accusare," meaning "no one is bound to accuse oneself."

Comparative Analysis: 

While both legal systems recognize the potential for abuse and coercion in obtaining confessions, they employ different mechanisms to safeguard against miscarriages of justice. In the U.S., the emphasis is on protecting individual rights during interrogation, while in India, it's on the corroboration of co-accused confessions with other evidence. This divergence is reflected in the legal maxim "In dubio pro reo," meaning "in doubt, for the accused," highlighting the presumption of innocence until proven guilty.

Furthermore, American courts place a heavy emphasis on the voluntariness of confessions. A confession obtained through coercion or duress is typically deemed inadmissible, regardless of whether it comes from a co-accused or an individual acting alone. This contrasts with the Indian approach, where the focus is more on corroboration and the interlinking of facts.

In essence, while the admissibility of confessions by co-accused is a recognized aspect of both legal systems, the approach and safeguards vary significantly. Understanding these nuances is crucial for ensuring fairness and upholding the principles of justice in both jurisdictions.

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