Paper Title
THE PSYCHOLOGY OF FALSE CONFESSIONS: WHY INNOCENT PEOPLE CONFESS AND WHAT THE LAW SHOULD DO ABOUT IT
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Registration ID: IJNRD_328674
Published ID: IJNRD2609273
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Keywords
False Confessions; Psychological Coercion; Self-Incrimination; Judicial Confessions; Investigative Reform
Abstract
When an innocent person makes a confession, it may be sincere and apparently voluntary but may be false. The outcome of the evidentiary problem is not just the taint of any subsequent investigation evidence but in addition the challenge of overturning a conviction based on such evidence. This Article combines the psychological research with the comparative evidence of exoneration under doctrinal analysis of the Indian constitutional guarantees, Bharatiya Sakshya Adhiniyam, 2023, Bharatiya Nagirik Suraksha Sanhita, 2023 and the Supreme Court judgments. It differentiates between the various types of confessions – voluntary, coerced-compliant and coerced-internalised – and explores how the influence of fatigue, suggestion, vulnerability and information provided by investigators poses a challenge to the traditional approach to determining the voluntariness of confessions. The analysis reveals that Indian law details significant restrictions on police-confessions and procedural safeguards on Magistrate-recorded statements, but these do not guarantee the same of a subsequent one or the origins of any purported corroborating evidence. The United States exoneration rates show that there is a record of error, but they do not show the rate of false confessions in India. It proposes the continuous interrogation recording, disclosure of crime-specific information and documentation, individualized safeguards, judicial separation of compulsion, admissibility and factual reliability. This would retain a legitimate investigation and allow for challenged confessions to be subject to review and limit the risk that a suspect's words will replace independent evidence. They also build the evidentiary foundation for the consideration of complaints that the confession affected subsequent investigations.
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How To Cite (APA)
SWAKSHA SHARMA (September-2026). THE PSYCHOLOGY OF FALSE CONFESSIONS: WHY INNOCENT PEOPLE CONFESS AND WHAT THE LAW SHOULD DO ABOUT IT. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(9), c732-c740. https://ijnrd.org/papers/IJNRD2609273.pdf
Issue
Volume 11 Issue 9, September-2026
Pages : c732-c740
Other Publication Details
Paper Reg. ID: IJNRD_328674
Published Paper Id: IJNRD2609273
Research Area: Other area not in list
Author Type: Indian Author
Country: SOLAN, Himachal Pradesh, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2609273.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2609273
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