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"The statement in order to constitute a 'Confession' under the Indian Evidence Act, must either admit in terms the offence or at any rate substantiall
Question

"The statement in order to constitute a 'Confession' under the Indian Evidence Act, must either admit in terms the offence or at any rate substantially all the facts which constitute the offence." The above view was expressed by the Privy Council in which one of the following case?

A.

Q.E. vs. Abdullah

B.

John Makin vs. Attorney General

C.

H.H.B. Gill vis. King Emperor

D.

Pakala Narayan Swamy vs. Emperor

Correct option is D

The statement regarding the definition of a 'Confession' under the Indian Evidence Act was expressed by the Privy Council in the case of Pakla Narayan Swamy vs. Emperor. In this landmark case, the Privy Council clarified that a confession, to be admissible under the Indian Evidence Act, must acknowledge guilt or admit to substantially all the facts that constitute the offense. This means that for a statement to be considered a confession, it should clearly indicate the involvement of the accused in the crime either by admitting to the offense or by acknowledging all the crucial facts necessary for the offense.
Information Booster:
· Pakla Narayan Swamy vs. Emperor (1939): This case is one of the most significant decisions related to the law of confessions in India. The Privy Council in this case provided an authoritative definition of what constitutes a confession under the Indian Evidence Act. It established that a confession must be clear and unambiguous in admitting the commission of a crime or acknowledging the facts that make up the crime.
Additional Knowledge:
· Q.E. vs. Abdullah: This case is less frequently cited in the context of confessions and is not the one where the above view was expressed.
· John Makin vs. Attorney General: This is an Australian case and does not relate directly to the interpretation of the Indian Evidence Act on confessions.
· H.H.B. Gill vs. King Emperor: This case deals with a different aspect of criminal law and does not provide the definition of a confession as discussed in the given statement.

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