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Assertion (A): A confession always goes against the maker of it, provided it has been made freely and voluntarily. Reason (R): A confession is inadmis
Question

Assertion (A): A confession always goes against the maker of it, provided it has been made freely and voluntarily.

Reason (R): A confession is inadmissible against a co-accused. Choose the correct answer using the Codes given below. Codes:-

A.

Both (A) and (R) are true and (R) is the correct explanation of (A).

B.

Both (A) and (R) are true but (R) is not the correct explanation of (A).

C.

(A) is true but (R) is false.

D.

(A) is false but (R) is true.

Correct option is C

The correct answer is (c) (A) is true but (R) is false. The assertion that a confession always goes against the maker if it is made freely and voluntarily is true. However, the reason provided is false because a confession can be admissible against a co-accused in certain circumstances, such as when it is made in a joint trial under Section 30 of the Indian Evidence Act.
Information Booster:
Confession (Section 30, Indian Evidence Act): A confession made by one accused can be used against a co-accused in a joint trial if the confession implicates the co-accused and is made voluntarily. The weight given to such a confession is at the discretion of the court, and it must be corroborated by other evidence.
Additional Knowledge:
· Free and Voluntary Confession: For a confession to be admissible, it must be made without coercion, duress, or undue influence.
· Confession Against Co-Accused: While a confession is generally used against the person making it, in certain cases, it can also be used against co-accused under specific conditions as provided by law.

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