In Hari Charan Kurmi and Jogia Hajam vs. State of Bihar (1964 (2) SCR 623) this Court again relied on its earlier decision in Kashmira Singh's case and on the decision of the Privy Council in Bhuboni Sahu's case. It said that technically construed, definition of evidence as contained in Section 3 of the Evidence Act will not apply to confession. Even so, Section 30 provides that a confession may be taken into consideration not only against its maker, but also against a co-accused person; that is to say, though such a confession may not be evidence as strictly defined by Section 3 of the Act, it is an element which may be taken into consideration by the criminal court and in that sense, it may be described as evidence in a non-technical way. But it is significant that like other evidence which is produced before the Court, it is not obligatory on the court to take the confession into account.