It is a general principle that confession must be accepted as a whole The exception to the above pri...........

Indian Evidence Act (IEA) 1872 Admission and Rejection of Evidence

It is a general principle that confession must be accepted as a whole. The exception to the above principle is –

It is permissible to believe one part of confessional statement which is inculpatory if there is other evidence on record to prove it’s correctness.

If the exculpatory part of the statement is inherently improbable, it may be rejected and inculpatory part may be admitted

Both (a) and (b)

None of the above

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Explanation:

In Palvinder Kaur v State of Punjab & Haryana the Supreme Court has also held that confession and admission must either be admitted as a whole or rejected as a whole and the Court is not competent to accept only the inculpatory part while rejecting the exculpatory part as inherently incredible. Essential conditions: From the above discussions a statement of an accused will amount to a confession if it fulfils the following conditions: (1) The accused must admit that he had committed the crime. (2) From the statements of the accused some positive inferences must be drawn about his implication in the offence where the accused in so many words admits to have committed the offence. (3) If the exculpatory part of the statement given by the accused is inherently improbable it may be rejected and inculpatory part may be admitted. (4) The confession must be voluntary, true and trustworthy. (5) The confession must not be prompted by inducement, threat or promise. A statement could not be said to be result of any threat, coercion or inducement by police or any other person