Aghnoo Nagesia v. State of Bihar (1966)

Quick Summary

This case explains how courts should treat a confession given to the police in an FIR. The Supreme Court held that a confession made to a police officer cannot be used against the accused (Section 25 IEA). Only that limited part which leads to discovery while the accused is in police custody may be proved (Section 27 IEA). Since the accused here was not in custody when he gave the confessional FIR, the confession could not be used. The conviction was set aside.

Issues

• Is a confessional FIR made to a police officer admissible in evidence?
• Can any portion of such a confession be read, and if yes, to what extent under Section 27 IEA?

Rules (Indian Evidence Act)

Arguments

Judgment

The Supreme Court allowed the appeal. It set aside the conviction and sentence.

• A confessional FIR made to a police officer is barred by Section 25 IEA.
• Section 27 applies only when the accused is in police custody and only to the part leading to discovery.
• Here, the accused was not in custody when he gave the FIR. So Section 27 did not lift the bar.

Ratio Decidendi

Confessions to police are inadmissible. The “discovery” exception is narrow: only that specific, distinct part of information given while in custody that leads to discovery is provable. Confessional FIRs cannot be broken up to admit incriminating bits; the bar of Section 25 is wide.

Why It Matters

• Protects accused persons from the risk of coerced or unguarded confessions.
• Guides police and courts on handling FIRs filed by accused persons.
• Clarifies the tight limits of Section 27 to prevent misuse.

Key Takeaways

1. Confessional FIR to police = inadmissible (Section 25).
2. Custody + discovery link = limited admissibility (Section 27).
3. No cherry-picking from a confessional FIR to prove incriminating facts.

Mnemonic + 3-Step Hook

Mnemonic: “FIR? No, Sir!”

• FIR confession barred (S.25)
• In custody needed for S.27
• Relevant only to discovery part

3-Step Hook: Ask: (1) Is it a confession to police? → Bar. (2) Was the maker in custody? → If no, S.27 doesn’t apply. (3) If yes, admit only the discovery-specific line.

IRAC Outline

Glossary

Confession

A statement by the accused admitting guilt or crucial facts.

FIR

First Information Report; the first information recorded by police about a cognizable offence.

Discovery Rule (S.27)

Allows proof of only that part of information given in custody that directly leads to discovery.

FAQs

Related Cases

• State of U.P. v. Deoman Upadhyaya — scope of Section 27 IEA.
• State of Bombay v. Kathi Kalu Oghad — self-incrimination & evidence.
• Pulukuri Kottaya v. Emperor — discovery under Section 27.