Pulukuri Kottaya vs King Emperor (1946)

Citation: AIR 1946 PC 113
Court: Judicial Committee of the Privy Council (final appellate court for British India)
Year: 1946

Pulukuri Kottaya was accused of murder.

The prosecution relied heavily on a confession made by the accused.

The case questioned the validity and admissibility of the confession under Indian Evidence law.

Whether the confession made by the accused was voluntary and admissible under the Indian Evidence Act.

The protection against confessions obtained by coercion, threat, or inducement.

The Privy Council held that:

For a confession to be admissible, it must be voluntary.

Any confession obtained by threat, inducement, or promise affecting the accused’s free will is inadmissible.

The court stressed the need for careful scrutiny of the circumstances under which the confession was made.

This case reinforced the principle that the voluntariness of confessions is crucial.

It laid down guidelines to prevent forced confessions and protect the accused’s rights.

It was an important precedent for protecting fair trial rights under the Indian Evidence Act, especially Sections 24 to 30 related to confession.

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