Supreme Court of India

Aghnoo Nagesia v State of Bihar

AIR 1966 SC 119; 1966 SCR (1) 13419651 min read
The case in brief30-second read
Facts
The accused went to the police station and lodged an FIR in which he gave a full account of how he had killed several persons, and of where the weapon and the bodies could be found. He was convicted of murder largely on the basis of this statement.
Issue
Whether a confessional FIR lodged by the accused is admissible, wholly or in part.
Held
A confession to a police officer is barred by S.25 of the Evidence Act, and an FIR by the accused that contains a confession is a confession. The ban covers every admission in it about the offence, including motive, preparation, opportunity and later conduct, and the statement cannot be split to admit the non-confessional parts. Only the fact that the accused gave the information, and the portion that leads to the discovery of a fact under S.27, can be proved. The conviction was set aside.
Principle
A confessional FIR by the accused is wholly inadmissible except for the discovery portion (now S.23 BSA).
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Facts

  • The accused went to the police station and lodged an FIR in which he gave a full account of how he had killed several persons, and of where the weapon and the bodies could be found. He was convicted of murder largely on the basis of this statement.

Issue

  1. Whether a confessional FIR lodged by the accused is admissible, wholly or in part.

Held

  • A confession to a police officer is barred by S.25 of the Evidence Act, and an FIR by the accused that contains a confession is a confession. The ban covers every admission in it about the offence, including motive, preparation, opportunity and later conduct, and the statement cannot be split to admit the non-confessional parts. Only the fact that the accused gave the information, and the portion that leads to the discovery of a fact under S.27, can be proved. The conviction was set aside.

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Citation

Aghnoo Nagesia v State of Bihar AIR 1966 SC 119; 1966 SCR (1) 134

Reported: https://indiankanoon.org/doc/924340/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.