AIR 1966 SUPREME COURT 40 ::(1965) 2 SCWR 464
Supreme Court Of India
(From Allahabad)*
Hon'ble Judge(s): K. Subba Rao, J. C. Shah, R. S. Bachawat , JJJ

(A) Evidence Act (1 of 1872) , S.24— Confession - Essentials of - Communication to another is not a necessary ingredient. Statement is a genus, admission is the species and confession is the sub-species. A confession is a statement made by an accused admitting his guilt. Communication to another is not an essential ingredient of the concept of "confession". A statement, whether communicated or not, admitting guilt amounts to a confession of guilt. Admission and confessions are exceptions to the hearsay rule. They are placed in the category of relevant evidence by the Evidence Act (Ss. 17 to 30), presumably on the ground that, being declarations against the interest of the person making them, they are probably true. Their probative value does not depend upon their communication to another, though, just like any other piece of evidence, they can be admitted in evidence only on proof. This proof in the case of oral admission or confession can be offered only by witnesses who heard the admission or confession, as the case may be.(Para 5) (B) Evidence Act (1 of 1872) , S.24— Confession - Its admissibility in evidence and weight to be attached to it. Criminal P.C. (5 of 1898) , S.367— @page-SC41 ....

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