A makes a statement to B that the ornaments stolen from the house of C were recovered from his house. Does the statement made by A to B amount to confession?

Question: A makes a statement to B that the ornaments stolen from the house of C were recovered from his house. Does the statement made by A to B amount to confession?

Find the answer to the mains question only on Legal Bites. [A makes a statement to B that the ornaments stolen from the house of C were recovered from his house. Does the statement made by A to B amount to confession?]

Answer

A confession is nowhere defined under the act and it occurs under the heading ‘admission.’ The definition of ‘admission’ under Section 17, hence, becomes applicable for Confessions. In terms of the act, a relevant statement made in a civil case is an admission and an admission made in a criminal case is a confession.

A confession, like admission, can be judicial or extra-judicial. In Sahoo v. State of UP (AIR 1966 SC 40), the accused was talking to himself and made the confession of killing his own daughter which was overheard by the witness. This was held to be confession relevant in evidence.

In Palvinder Kaur v. State of Punjab (1953 SCR 94) the Supreme Court upheld the decision of the Privy council in Pakala Narayan Swami v. Emperor (AIR 1939 PC 47) and cited two points: confession must either admit the guilt in terms or admit substantially all the facts and secondly, a mixed-up statement, containing confessional statements which will lead to acquittal is no confession. The court cannot remove the exculpatory part out of a statement and deliver a decision on the basis of the inculpatory part of the statement.

Thus, in the present case at hand, when A makes a statement to B that the ornaments stolen from the house of C were recovered from his house; the statement made by A to B doesn’t amount to a confession.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X