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Showing contexts for: define confession in Aghnoo Nagesia vs State Of Bihar on 4 May, 1965Matching Fragments
Section 154 of the Code of Criminal Procedure provides for the recording of the first information. The information report as such is not substantive evidence. It may be used to corroborate the informant under s. 157 of the Evidence Act or to contradict him under s. 145 of the Act, if the informant is called a,,; a witness. If the first information is given by the accused himself, the fact of his giving the information is admissible against him as evidence of his conduct under s. 8 of the Evidence Art. If the information is a non-confessional statement, it is admissible against the accused as an admission under s. 21 of the Evidence Act and is relevant, see Faddi v. The State of Madhya Pradesh(1) explaining Nisar Ali v. State of U.P. (1) and Dal Singh v. King Emperor(1). But a confessional first information report to a police officer cannot be used against the accused in view of S. 25 of the Evidence Act. The Indian Evidence Act does not define "confession". For a long time, the Courts in India adopted the definition of "confession" given in Art. 22 of Stephen's Digest of the Law of Evidence. According to that definition, a confession is an admission made at any time by a person charged with crime, stating or suggesting the inference that he committed that crime. This definition was discarded by the Judicial Committee in Pakala Narayanaswami v. The King Emperor(4). Lord Atkin observed :
These observations received the approval of this Court in Palvin. der Kaur v. The State of Punjab (5). In State of U.P. v. Deoman Upadhyaya(6), Shah, J. referred to a confession as a statement made by a person stating or suggesting the inference that he has committed a crime. Shortly put, a confession may be defined as an admission of the offence by a person charged with the offence. A statement which contains self-exculpatory matter cannot amount to a confession, if the exculpatory statement is of some fact which, if true, would negative the offence alleged to be confessed. If an admission of an accused is to be used against him, the whole of it should be tendered in evidence, and if part of the admission is exculpatory and part inculpatory, the prosecution is not at (1) Criminal Appeal No. 210 of 1963 decided on January 24, 1964..