# The accused confessed to the police. Is the case over? > No. Under the Qanun-e-Shahadat a confession made to a police officer cannot be proved against the accused, and one made in police custody counts only if made in the immediate presence of a Magistrate. In 2018 the Supreme Court acquitted a man who had spent more than five years in the death cell on such a confession. - Topic: Criminal law - Court: Supreme Court of Pakistan - Citation: 2018 SCMR 2092 - The myth: "Once the accused confesses to the police, the case is over." Verdict: Wrong. - Watch: https://failegal.site/media/iqbal (video https://failegal.site/media/iqbal/reel.mp4, 1:01) - Published by FAI Legal on 2026-10-10 When the police announce that an accused has confessed, many people take it that the case is closed and the trial is a formality. This matters to anyone accused of a crime, to their families, and to complainants who want to understand what evidence will actually hold up in court. ## Key points - Article 38 of the Qanun-e-Shahadat Order 1984: "No confession made to a police-officer shall be proved as against a person accused of any offence." - Article 39: a confession made while in the custody of a police officer cannot be proved against the accused "unless it be made in the immediate presence of a Magistrate". - The Supreme Court in 2018 SCMR 2092: the confession before the investigating officer was "absolutely inadmissible". Convictions set aside and the accused acquitted. - The Court also said it is not the accused who must prove his innocence; it is the duty of the prosecution to prove the case. ## The rule in one line A confession to the police is not evidence against the accused. If he confesses while in police custody, it can be proved against him only if he made it in the immediate presence of a Magistrate. The prosecution still has to prove its case. ## What happened in this case In February 2006 a man was found murdered. There was no direct evidence of who killed him (paragraph 4). The main evidence relied on by the courts below was a confession the accused was said to have made before the investigating officer. On 30 December 2006 the trial court sentenced him to death. He remained in the death cell from 31 December 2006 until 22 May 2012, when the Federal Shariat Court reduced the sentence to life imprisonment. ## What the Supreme Court said A bench of five judges of the Supreme Court decided his appeal on 24 September 2018. It held that the confession before the investigating officer was "absolutely inadmissible" under the Qanun-e-Shahadat. It reminded that "it is not the accused who is required to prove his innocence rather it is the duty of the prosecution to prove the case" (paragraph 7). The convictions were set aside, the accused was acquitted, and he was ordered to be released forthwith (paragraph 8). ## The case at a glance - **Facts:** A man was found murdered on 11 February 2006. There was no direct evidence; the main evidence was the accused's confession before the investigating officer. The trial court sentenced him to death on 30 December 2006. He was in the death cell from 31 December 2006 to 22 May 2012, when the Federal Shariat Court reduced the sentence to life imprisonment. - **The question:** Whether a conviction could rest on a confession made to the police. - **What the Court held:** No. The confession was absolutely inadmissible. Convictions set aside; the accused acquitted and ordered released forthwith. - **Why:** Articles 38 and 39 of the Qanun-e-Shahadat bar a confession to a police officer, or in police custody without the immediate presence of a Magistrate, from being proved against the accused. With that evidence out, nothing reliable was left, and the burden of proof lies on the prosecution, not the accused. - **Limits:** The rule covers confessions to the police. A confession recorded by a Magistrate under the proper procedure is a different matter, and Article 39 is itself subject to Article 40. Each case turns on the evidence that remains. ## The law it relies on - **Qanun-e-Shahadat Order, 1984, Art. 38:** "No confession made to a police-officer shall be proved as against a person accused of any offence." - **Qanun-e-Shahadat Order, 1984, Art. 39:** "Subject to Article 40, no confession made by any person whilst he is in the custody of a police- officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person." ## What this does not mean - It does not mean every confession is worthless. Article 39 allows a confession in police custody made in the immediate presence of a Magistrate, and Article 39 is subject to Article 40. - It does not mean the accused goes free whenever there is a police confession. If other admissible evidence proves the case, a conviction can follow. Here there was no direct evidence. - It does not mean the death sentence years can be given back. The man was acquitted in 2018, after more than five years in the death cell. ## Questions people ask ### Can a confession to the police be used against the accused in court? No. Article 38 of the Qanun-e-Shahadat Order 1984 says no confession made to a police officer shall be proved against a person accused of any offence. ### What if the accused confessed while in police custody? Under Article 39 it cannot be proved against him unless it was made in the immediate presence of a Magistrate. Article 39 is subject to Article 40. ### Does the accused have to prove he is innocent? No. The Supreme Court said in 2018 SCMR 2092 that it is the duty of the prosecution to prove the case, not the accused's duty to prove his innocence. ## Sources - Hayatullah v. The State, 2018 SCMR 2092, Supreme Court of Pakistan, 24 September 2018, paras 4, 7, 8. A confession before the investigating officer is inadmissible under Articles 38 and 39 of the Qanun-e-Shahadat; with no direct evidence, convictions set aside and the accused acquitted. (verified against full text) - Qanun-e-Shahadat Order, 1984, Arts. 38 and 39 (text checked in FAI Statute Search) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5plaw%3D%3D-sg-jjjjjjjjjjjjj) ## What the reel says Heard this one? "Once the accused confesses to the police, the case is over." Wrong. Qanun-e-Shahadat Article 38: no confession made to a police officer can be proved against the accused. Article 39: a confession made in police custody cannot be proved against him either, unless made in the immediate presence of a Magistrate. In 2006 a man was murdered. There was no direct evidence. The trial court relied on a confession to the police and passed a death sentence. The accused spent December 2006 to May 2012 in the death cell before the Federal Shariat Court reduced it to life imprisonment. The Supreme Court (September 2018): that confession was "absolutely inadmissible". Convictions set aside, acquitted, ordered released (2018 SCMR 2092). The Court also said: it is not the accused who must prove his innocence; the prosecution must prove its case beyond any shadow of doubt. --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Reading this page does not create a lawyer and client relationship. Review status: Pending advocate review. English: https://failegal.site/media/iqbal ยท Urdu: https://failegal.site/media/ur/iqbal FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.