pakala naranyan swami'case of confession
Anil Kumar kamboj Delhi M-9650
(Querist) 27 August 2008
This query is : Resolved
what definition of confession was helded by the court in the above case A.I.R 1939
KamalNayanSaxena
(Expert) 27 August 2008
Privy Council, way back in 1939 in Pakala Narayana Swami v. Emperor, AIR 1939 PC 47, made the endeavour to explain the word "confession" as used in the Evidence Act. Lord Atkin who delivered the famous judgement in that case stated thus :
"The word "confession" as used in Evidence Act cannot be construed as meaning a statement by an accused "suggesting the inference that he committed" the crime. A confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not of itself a confession".
ritu bhadana
(Expert) 04 April 2009
mr. kamal is absolutely right
