Confession
/kənˈfɛʃən/
Evidence Law Term
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Definition
An admission by an accused that they committed the offence. Must be voluntary — not obtained by threat, inducement, or promise. Under Section 25 of the Indian Evidence Act, a confession to a police officer is inadmissible. Under Section 26, a confession in police custody is inadmissible unless made before a Magistrate. A judicial confession under Section 164 CrPC is the most reliable and admissible form.
Examples
Case Study
In Palvinder Kaur v. State of Punjab (1952), the Supreme Court held that a statement containing both inculpatory and exculpatory parts must be accepted or rejected as a whole — the prosecution cannot selectively use only the incriminating portions.
Key Cases
Palvinder Kaur v. State of Punjab
1952AIR 1952 SC 354
An exculpatory statement containing both inculpatory and exculpatory parts must be used as a whole. The prosecution cannot cherry-pick only the incriminating portions.
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