Privy Council

Pakala Narayana Swami v Emperor

AIR 1939 PC 4719391 min read
The case in brief30-second read
Facts
The deceased told his wife he was going to Berhampur to collect money from the accused; his body was later found cut up in a trunk. The accused made a statement to the police during investigation.
Issue
Whether the accused's statement was a confession and admissible, and whether the deceased's statement to his wife was admissible.
Held
The police statement was inadmissible under S.162 CrPC. A confession must admit the offence or substantially all the facts constituting it; an exculpatory statement is not a confession. The deceased's statement to his wife was admissible under S.32(1) as a statement of the circumstances of the transaction that resulted in his death.
Principle
A confession must admit guilt in terms or substantially all the facts of the offence.
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Facts

  • The deceased told his wife he was going to Berhampur to collect money from the accused; his body was later found cut up in a trunk. The accused made a statement to the police during investigation.

Issue

  1. Whether the accused's statement was a confession and admissible, and whether the deceased's statement to his wife was admissible.

Held

  • The police statement was inadmissible under S.162 CrPC. A confession must admit the offence or substantially all the facts constituting it; an exculpatory statement is not a confession. The deceased's statement to his wife was admissible under S.32(1) as a statement of the circumstances of the transaction that resulted in his death.

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Citation

Pakala Narayana Swami v Emperor AIR 1939 PC 47

Reported: https://indiankanoon.org/doc/516808/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.