All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The correct answer is D. Extra-judicial confessions are admissible but a weak form of evidence.

This statement is the most accurate because it reflects the legal position of extra-judicial confessions in India. According to the Indian Evidence Act, 1872, extra-judicial confessions are those confessions that are made outside the court or before a magistrate. These confessions can be oral or written, and they can be made to any person, such as a friend, a relative, a police officer, or a priest. However, these confessions are not conclusive proof of guilt, and they need to be corroborated by other independent evidence. The court must also examine the voluntariness, truthfulness, and reliability of such confessions before admitting them as evidence. Therefore, extra-judicial confessions are generally a weak form of evidence by themselves.

The other statements are inaccurate because they either contradict or misrepresent the legal position of extra-judicial confessions in India. For example, statement A is inaccurate because extra-judicial confessions are not illegal, but rather legal evidence that can be used against the accused. Statement B is inaccurate because extra-judicial confessions are not inadmissible, but rather admissible subject to certain conditions and exceptions. Statement C is inaccurate because extra-judicial confessions are not admissible only with the accused's permission, but rather admissible regardless of the accused's consent or objection. Statement E is inaccurate because extra-judicial confessions would ordinarily require corroboration, not otherwise.