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1 - 4 of 4 (0.62 seconds)Section 9 in The Indian Penal Code, 1860 [Entire Act]
Section 409 in The Indian Penal Code, 1860 [Entire Act]
Manik Malakar vs State Of Assam on 2 July, 1976
Admission of any incriminating fact is not an admission of a guilt.
[See Manikmalakar Vs. State of Assam, 1976 Cri. LJ 1921].
Admission by a party as a whole has to be looked into for arriving at
a conclusion and it is required to be read in its entirety. No statement
read out of context can constitute an admission of any fact.
Difference between the term "admission" and "confession" is also
required to be understood. Where a statement of a person merely
contains an admission of a fact, which may be relevant, but no
admission of guilt or of a fact constituting the offence it would only be
an admission and not a confession. An admission, in order to be
competent and to have the value and effect should be clear, certain
and definite, and not ambiguous, vague or confused. Every
admission should be given a plain literal and a fair meaning and its
scope should not be widened or restricted on the basis of suspicions
or surmises. Statements when their natural import will not bear out
the interpretation that is sought to be put on them, would not amount
to admissions of the points which are sought to be made out.
Statements to operate as admissions must be clear in their meaning.
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