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40. "confession" has not been defined in the Evidence Act. Mr. Justice Stephen in his Digest of the Law of Evidence, defined it thus:

"A confession is an admission made at any time by a person charged with crime, stating or suggesting the inference that he committed the crime."

This definition was adopted by various High Courts here. (See: Queen Empress vs. Bapu Lal, ILR 6 Allahabad 509 9539); Queen Empress vs. Nana ILR 14 Bombay 260 (263); Queen Empress vs. Meher Ali Mullick & Ors. ILR 15 Calcutta 589; Emperor vs. Cunna 22 Bombay Law Reporter 1247; Imperatrix vs. Pandharinath ILR 6 Bombay Law Reporter 1247; Imperatrix vs. Pandharinath ILR 6 Bombay 34; Muthukumaraswami Pillai & Ors. v. King Emperor ILR 35 MADRAS 397). Straight, J., however, in Queen Empress vs. Jagrup & Anr. ILR 7 Allahabad 646, did not adopt this definition and held that only those statements which are direct acknowledgments of guilt could be regarded as "confessions" and not mere inculpatory admission which may fall short of an admission of guilt. Similar view was taken in Emperor vs. Santya Bandu 11 Bombay law Reporter 633. The judicial opinion was thus not unanimous as to the exact meaning of "confession." The Privy Council, however, by its authoritative pronouncement in Pakala Narayana Swami vs. The King Emperor 66 Indian Appeals 66 = AIR 1939 PC 47. clarified the position and laid down that " a confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence." This was followed by this Court in many cases, including Palvinder Kaur vs. State of Punjab AIR 1952 SC 354 =1953 SCR 94; Om Prakash vs. State of U.P AIR 1960 SC 409(412); State of U.P. vs. Deoman Upadhyaya 1961)(1) SCR 14; and Veera Ibrahim vs. State of Maharashtra AIR 1976 SC 1167 (3) SCR 672.

46. The Act, like the Evidence Act, does not define "confession" and , therefore, the principles enunciated by this Court with regard to the meaning of "Confession" under the Evidence Act shall also apply to a "Confession" has either to be an express acknowledgement of guilt of the offence charged or it must admit substantially all the facts which constitute the offence. Conviction on "Confession" is based on the Maxim "habemus optimum testem canfitentem renum" which means that confession of an accused is the best evidence against him. The rationale behind this rule is that an ordinary, normal and sane peons would not make a statement which would incriminate him unless urged by the promptings of truth and conscience.