Join our WhatsApp Group
Breaking
Sunday, October 11, 2026 Jaipur Edition
Supreme Court of India
Criminal Law

Co-Accused's Confession Is Not Substantive Evidence, Only Lends Assurance: Supreme Court Constitution Bench

Published: · NyayVidhan

A Constitution Bench of the Supreme Court acquitted two men sentenced to death for dacoity with murder, holding that a co-accused's confession under Section 30 of the Evidence Act is not substantive evidence: "the court cannot start with the confession of a co-accused person; it must begin with other evidence adduced by the prosecution" (para 13). The remaining blood-stain evidence was insufficient (para 15).

Co-Accused's Confession Is Not Substantive Evidence, Only Lends Assurance: Supreme Court Constitution Bench

Judgment Intelligence

Conviction Set Aside
Hari Charan Kurmi and Jogia Hajam v. State of Bihar
Criminal Appeals Nos. 208 and 209 of 1963; reported as AIR 1964 SC 1184 and (1964) 6 SCR 623
Court
Supreme Court of India
Date of Decision
3 February 1964
Bench
Chief Justice P.B. Gajendragadkar (author) for a Constitution Bench; the JUDIS header lists Chief Justice B.P. Sinha and Justices K.N. Wanchoo, K.C. Das Gupta, J.C. Shah and N. Rajagopala Ayyangar
Relevant Acts & Sections
Indian Evidence Act, 1872 — Sections 3, 30, 114 illustration (b), 133; Indian Penal Code, 1860 — Section 396
Final Outcome

The appeals were allowed; the convictions and sentences of the two appellants were set aside and they were acquitted (para 17).

Key holdings

  1. A confession under Section 30 is not evidence as defined in Section 3 of the Evidence Act, though the court may take it into consideration (paras 11-12).
  2. The court cannot begin with a co-accused's confession; it must first evaluate the other evidence and may then turn to the confession for assurance (paras 13-14).
  3. Accomplice evidence under Section 133 is substantive evidence that needs corroboration, but a co-accused's confession stands on a different footing (paras 13-14).
  4. Ram Prakash v. State of Punjab did not depart from these settled principles (para 14).
  5. Where the other evidence is wholly unsatisfactory, the accused is entitled to the benefit of doubt however grave the suspicion (paras 15-16).

Brief Facts

Six persons were tried for dacoity with murder in a businessman's house on the night of 24-25 March 1960, in which his wife was killed; the Sessions Judge, Muzaffarpur, convicted all of them and imposed life imprisonment (paras 1, 4-5). The Patna High Court acquitted one, confirmed the others' convictions and enhanced the two appellants' sentences to death (para 2). Against them it relied mainly on a co-accused's confession, treating blood stains on their clothes and in one appellant's house as corroboration (paras 7, 9-10). A three-Judge Bench referred the appeals to a Constitution Bench because the High Court had relied on observations in Ram Prakash (para 3).

Court's Findings

A confession under Section 30 is not "evidence" as defined in Section 3, though it is an element the court may consider and so evidence in a non-technical sense (paras 11-12); unlike evidence, the court is not obliged to take it into account (para 12). Following Lalit Mohan Chuckerbutty, Bhuboni Sahu and Kashmira Singh, the court must first assess the other evidence and only then turn to the confession to receive assurance for the conclusion it is about to reach (para 13). An accomplice's testimony under Section 133 is substantive evidence needing corroboration, but a co-accused's confession stands on a different footing and arises for consideration only after the other evidence is found satisfactory (paras 13-14). Ram Prakash did not strike "a discordant note" from these settled principles, and the High Court erred in reading it so (para 14). Here the blood-stain evidence was "entirely insufficient" (para 15). Suspicion, however grave, "must not be allowed to take the place of proof", and the presumption of innocence entitled the appellants to the benefit of doubt (para 16).

Legal Principle

A confession of a co-accused under Section 30 of the Evidence Act is not substantive evidence. The court must first find the other evidence sufficient to sustain the charge and may then use the confession only to lend assurance to that conclusion (paras 12-14, 16).

Precedents Relied Upon

  1. Ram Prakash v. State of Punjab [1959] S.C.R. 1219 (footnoted once as [1959] S.C.R. 1291)
    Explained Discussed at ¶ 3, 7, 14

    The observation that a co-accused's retracted confession is extremely weak and needs the fullest corroboration was not meant to treat such a confession like accomplice evidence; there the other evidence was itself strong. The High Court misread it.

  2. Emperor v. Lalit Mohan Chuckerbutty (1911) I.L.R. 38 Cal. 559
    Followed Discussed at ¶ 13

    A confession can only be used to lend assurance to other evidence against a co-accused (name printed ‘Chuckerbuttv’).

  3. In re Peryaswami Moopan (1913) I.L.R. 54 Mad. 75
    Followed Discussed at ¶ 13

    Where there is evidence against the co-accused sufficient, if believed, to support his conviction, a Section 30 confession may be thrown into the scale as an additional reason for believing it (name printed ‘Peryaswami Noopan’).

View all precedents (5)
  1. Bhuboni Sahu v. The King (1949) 76 I.A. 147
    Followed Discussed at ¶ 13

    Privy Council: a co-accused's confession is evidence of a very weak type, not within Section 3, untested by cross-examination; it can be weighed with other evidence but cannot by itself amount to proof.

  2. Kashmira Singh v. State of Madhya Pradesh [1952] S.C.R. 526
    Followed Discussed at ¶ 13

    Approved Bhuboni Sahu: the court begins with the other evidence and turns to the co-accused's confession only for assurance (citation printed ‘[19521 S.C.R. 526’).

NyayVidhan
Court Judgments · 2 min read
Decided: February 3, 1964 Chief Justice P.B. Gajendragadkar (author) for a Constitutio...
PDF
WhatsApp Telegram X / Twitter LinkedIn

✕

Popular: POCSO, IBC, Electoral Bond, Article 370, NDPS Act, Bail Conditions, SC Contempt