The Apex Court in Bheru Singh v. State of Rajasthan, (supra) has laid down :--
"17. Where the first information report is given by an accused himself to a police officer and amounts to a confessional statement, proof of the confession is prohibited by Section 25 of the Evidence Act. No part of the confessional statement can be proved or received in evidence, except to the extent it is permitted by Section 27 of the Evidence Act. The first information report recorded under Section 154 of the Criminal Procedure Code is not a substantive piece of evidence. It may be used to corroborate the informant under Section 157 of the Evidence Act or to contradict him under Section 145 of the Evidence Act in case the informant appears as a witness at the trial. Where the accused himself lodges the first information report, the fact of his giving the information to the police is admissible against him as evidence of his conduct under Section 8 of the Evidence Act to the extent it is non-confessional in nature. It would also be relevant under Section 21 of the Evidence Act but the confessional part of the first information report by the accused to the Police Officer cannot be used at all against him in view of the ban of Section 25 of the Evidence Act."
Bombay High Court
Bandu Yedu Metkari vs State Of Maharashtra on 22 February, 2002
Equivalent citations: 2002 BomCR Cri, (2002) 2 BOMLR 492, 2002 (2) MhLj 867
Bench: R Batta, F Rebello
