admission amounts to "confession" it transgresses into the forbidden field designed in Section 26 . What is a "confession ... Neither the Evidence Act nor other statutes on criminal law defines confession. Privy Council, way back in 1939 in Narayana Swami v. Emperor
attracted.
32. But the question is whether these statements constitute confession. Confession is not defined in the Indian Evidence Act . Every admission ... confession. Stephen in his digest on the law of evidence defines confession as an admission made at any time by a person charged with crime
Nidhin @ Unni vs The State Of Kerala
Author: C.K. Abdul Rehim
Bench: C.K
confession", but the statement is admissible under Section 8 of the
Evidence Act.
14. The term "confession" is nowhere defined ... Digest of the Law of Evidence" (Macmillan
and Co. 1876) defines confession as follows :
"A confession is an admission made at any time
confession may be taken into
consideration even against a co-accused who is being tried along with
the maker of the confession.
29. Confession mentioned ... confession. There in no doubt that a confession
made voluntarily by an accused person can be used against the maker of
the confession, though
confession by a person in custody of police. The question therefore, for consideration is whether the said statement could amount to a confession ... confession, the same is an admission, relevant and admissible under Section 21 of the Evidence Act.
15. Confession is not defined in the Evidence
writing. The word 'act' is not anywhere defined. Is not compromise or confessing judgment an act? If so, is it not within
recording the contents of the
statement specifically amounting to confession.
Mere statement of PW6 that confession statement was
recorded in his presence, is not sufficient ... Forest Act . It is true that
confession statement given by the accused before the
officer as defined under the Forest Act is
admissible in evidence
fact is not of itself a confession. A statement that contains self-exculpatory matter cannot amount to a confession, if the exculpatory statement ... Supreme Court held that confessions of co-accused are not evidence as defined in Section 3 of the Evidence Act and no conviction
Court which has to consider the confession and not an earlier statement made by a witness or accused. Confession under Section 164 of the Code ... general way, a prior confession can be said to be evidence, it is not evidence as defined in the Indian Evidence Act . This view
