Question

The Kashmira Singh Vs. State of Punjab is a leading case on

• A. Dying Declaration
• B. Admission
• C. Confession
• D. None of the above

Hint:

For the Law of Evidence, remember key cases for important concepts: Pakala Narayana Swami (Confession), Kashmira Singh (Co-accused's Confession), R. M. Malkani (Tape-recorded evidence), and Queen-Empress v. Abdullah (Dying Declaration).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the legal topic associated with the landmark case of Kashmira Singh v. State of Punjab.

Step 3: Detailed Explanation:
The case of Kashmira Singh v. State of Punjab (AIR 1952 SC 159) is a leading authority on the evidentiary value of a confession made by a co-accused person. The Supreme Court laid down a crucial principle regarding Section 30 of the Indian Evidence Act, 1872. Section 30 allows a confession made by one accused person affecting himself and some other co-accused to be taken into consideration by the court against such other co-accused.
In this case, the Court held that the confession of a co-accused is not substantive evidence against the other accused persons. It is a very weak type of evidence and cannot be the sole basis for conviction. It can only be used to lend assurance to other evidence on record. The court must first look for independent corroboration of the evidence against the co-accused and only then, if needed, can it look at the confession to support its conclusion.

Step 4: Final Answer:
Kashmira Singh v. State of Punjab is a leading case on the confession of a co-accused.