The first instinct of an offender is, as I have said, to confess, even
if an understanding person is not available to confess to. He has
offended the Law; he wants to make all amends he can by confessing to
the representative of that offended Personality. I have seen very many
first offenders and talked to them before they got into the hands of
pleaders and others, and my experience tells me that a man who has
committed his first offence is very like a man who has caught his first
attack of serious illness. He is afraid not so much of the results as
of the thing itself. Sin has caught him, and he is afraid of sin. He
wants protection and help and cure. He does not want to hide anything;
his first need is confession to some understanding ear. Many, many
such confessions have I heard in the old days. That is the result of
the first offence.
But this tendency to truth is choked when it is ascertained that as a
result the offender will be vindictively punished and made in the end
far worse than he was at the beginning. Naturally the offender says to
himself: "I am bad now. What shall I be after two years' gaol? Better
fight it out. If I win and get acquitted, at least I shall have a
chance to reform. If convicted that chance will be taken from me for
ever. And fighting will not lose me anything. The penitent prisoner
who confesses gets no lighter punishment than if he had put the Court
to the expense of a long trial. Why therefore repent? It will do me
harm, not good." That is the case now; under reasonable laws it would
be the other way. But even yet in country places he often confesses to
the police by whom he is arrested.
Now by Indian Law no confession to the police may be offered in
evidence. The reason of this is that the police, in their keenness to
secure a conviction, may extort a false confession by torture, and
there have been in fact enough of such cases to cause doubt and to
prevent the police being allowed to receive a confession. Therefore if
the offender wishes to confess he is taken now to a magistrate, there
his confession is recorded. Then he is sent back to police custody.
He is visited by his relatives, a pleader is engaged for him. His
folly in confessing is pointed out to him and he withdraws the
confession, alleging that he had been tortured to confess. His
confession is not only negatived, but a slur is cast on the police
which is hard to remove. Their case and evidence appear tainted, and
the accused often secures an acquittal though the Magistrate knows that
the confession was true.
All this is very common both in Burma and India, and it is disastrous
to allow and to encourage such things, as by our procedure we do
encourage them. There should be a complete change.
When a man is arrested some such procedure should be adopted as this:
Public-domain text, read in full here on John Shaqi.
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