Confessions cannot be divided into parts

Aghnoo Nagesia vs. State of Bihar (04.05.2026 - SC) : MANU/SC/0079/1965

Case Note:
Criminal - first information report - Sections 302 and 304-A of Indian Penal Code, 1860, Sections 8, 17 to 31, 145 and 157 of Indian Evidence Act, 1872, Sections 154, 162 and 164 of Criminal Procedure Code, 1898 and Article 22 of Constitution of India - appellant was charged under Section 302 - convicted and sentenced to death by Judicial Commissioner - High Court confirmed conviction and sentence - first information of offences lodged by appellant himself at police station - contended that entire statement is confession made to police officer and not provable against appellant having regard to Section 25 of Indian Evidence Act, 1872 - person directly giving to police officer information which may be used as evidence against him may be deemed to have submitted himself to custody of police officer within meaning of Section 27 - separability test is misleading and entire confessional statement is hit by Section 25 save and except as provided by Section 27 - conviction set aside by Supreme Court.