Case Name : Palvinder Kaur vs State of Punjab Case Reference: (1953) SCR 94 : AIR 1952 SC 354 Neutral Citation: Case Number: Crl A 41/1952 Court: Supreme Court Bench: 03 Coram: Mehr Chand Mahajan, Chandrasekhara Aiyar, Bhagwati Date: 22.10.1953
To establish the charge under 201 IPC, it must be proved that: (Page 102)
- the accused knew or had reason to believe that such offence had been committed; and
- With requisite knowledge and with intent to screen the offender from legal punishment;
- Causes evidence to disappear OR
- Gives false information, knowing or having reason to believe that the same is false
A statement that, when read as a whole, is exculpatory, and does not suggest or prove commission of any offence, does not amount to a confession and is inadmissible. (Page 104)
A confession must admit the offence or substantially the facts which constitute the offence. (Page 104)
An admission of a gravely incriminating fact is not in itself a confession. (Page 104)
A statement that contains self-exculpatory matter cannot amount to a confession; if that exculpatory statement is of some fact, if true, would negative the offence alleged to have been confessed. (Page 104)
When there is no evidence that affirmatively shows that the portion of the exculpatory element of the confession is false, the course must accept or reject the confession as a whole (Page 153) The court cannot accept only the inculpatory element while rejecting the exculpatory element.
Refer also:
Judgment name
See also: Evidence - Section 3 IPC - Section 201 IPC - Section 302