Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court
3 months, 3 weeks ago

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court

Live Law  

The Supreme Court clarified that under Section 27 of the Evidence Act, only the specific portion of the statement of the accused which is directly linked to the discovery/recovery of evidence is admissible, and that the confession of the accused cannot be incorporated while proving a statement under Section 27. The learned Trial Judge has completely lost sight of Sections 25 and 26 of the Evidence Act and has allowed PW-27 to prove the confessions allegedly made by the accused while they were in police custody," the Court observed. According to Section 27 of the Evidence Act, only the portion of the accused's confessional statement that directly leads to the discovery of facts while in police custody is admissible. A confessional statement made by the accused to a police officer while in custody is not admissible in the evidence except to the extent to which Section 27 is applicable.

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History of this topic

S.27 Evidence Act Can't Aid Prosecution If Recovery Isn't Proved To Be Based On Disclosure Of Accused : Supreme Court
3 weeks, 2 days ago

S.27 Evidence Act Can't Aid Prosecution If Recovery Isn't Proved To Be Based On Disclosure Of Accused : Supreme Court

Live Law  

The Supreme Court recently, while acquitting two persons convicted for the offence of murder, observed that the circumstance leading to the deceased's body discovery was not proved beyond all reasonable doubt as against the appellant. – Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the …

Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court
1 month, 1 week ago

Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court

Live Law  

The Supreme Court on Thursday set aside the conviction under Section 302 IPC of a man after noting that the trial court failed to follow the proper procedure for contradicting the prosecution witnesses in their cross-examination with their previously recorded Section 161 Cr.P.C. A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan held that the trial court erred by …

'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused
1 month, 2 weeks ago

'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused

Live Law  

While acquitting a murder accused, the Supreme Court observed that extrajudicial confession is one of the other instances of circumstantial evidence, including the accused's guilt after the incident, recovery of evidence, and others. The Court reiterated that in cases where reliance is placed solely on circumstantial evidence, a conviction can only occur when all circumstances point towards the accused's guilt. …

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court
1 month, 3 weeks ago

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court

Live Law  

The Supreme Court stated that a disclosure statement under Section 27 of the Indian Evidence Act unaccompanied by the supporting evidence is not sufficient to prove the guilt of the accused beyond a reasonable doubt. The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan acquitted the accused convicted for murder under Section 302 IPC, noting that aside from …

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court
1 month, 3 weeks ago

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court

Live Law  

The Supreme Court stated that a disclosure statement under Section 27 of the Indian Evidence Act unaccompanied by the supporting evidence is not sufficient to prove the guilt of the accused beyond a reasonable doubt. The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan acquitted the accused convicted for murder under Section 302 IPC, noting that aside from …

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court
Trending News
1 month, 3 weeks ago

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court

Live Law  

The Supreme Court recently reiterated that an extra-judicial confession is a “weak type” of evidence and thus requires a great deal of care and caution. Where extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and would lose its importance., the Court said while placing its reliance upon Balwinder Singh vs. State of Punjab 4 SCC 259. “In …

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court
Trending News
1 month, 3 weeks ago

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court

Live Law  

The Supreme Court recently reiterated that an extra-judicial confession is a “weak type” of evidence and thus requires a great deal of care and caution. Where extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and would lose its importance., the Court said while placing its reliance upon Balwinder Singh vs. State of Punjab 4 SCC 259. “In …

'Biased Investigation, Innocent People Arrested': Dr S Muralidhar Argues For 7/11 Mumbai Train Serial Blast Convicts Before Bombay HC
2 months, 1 week ago

'Biased Investigation, Innocent People Arrested': Dr S Muralidhar Argues For 7/11 Mumbai Train Serial Blast Convicts Before Bombay HC

Live Law  

While appearing on behalf of two life convicts challenging their convictions in the Mumbai 7/11 train blasts case, former Chief Justice of Orissa High Court and now Senior Advocate Dr S Muralidhar told the Bombay High Court on Monday that the investigation in the case had been biased.The submission was made before a special bench of Justice Anil Kilor and …

'Last Seen Theory' Not Independently Sufficient To Convict For Murder: Gauhati HC Acquits Man Allegedly Last Seen By Witnesses With Deceased
4 months, 1 week ago

'Last Seen Theory' Not Independently Sufficient To Convict For Murder: Gauhati HC Acquits Man Allegedly Last Seen By Witnesses With Deceased

Live Law  

The Gauhati High Court on Tuesday acquitted a man convicted of murder on the ground of "last seen theory", while holding that theory does not apply in the present case and is also not independently sufficient to sustain conviction. The conviction is mainly on the ground of “last seen together” and extra-judicial confession allegedly made before one of the prosecution …

Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court
8 months ago

Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court

Live Law  

Rajasthan High Court ruled that any information gathered under Section 27 of the Indian Evidence Act, 1872, is required to be corroborated and supported by recovering or discovering something in pursuance to that information which distinctly relates to the commission of the crime to verify the confession made by the accused to the police officer. The counsel for the petitioner …

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court
11 months, 1 week ago

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

Live Law  

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by …

Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased
1 year, 4 months ago

Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased

Live Law  

The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality. The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must be …

Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court
1 year, 4 months ago

Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court

Live Law  

The Kerala High Court on Thursday categorically held that admission of confessional statements made by accused to the Police, which are hit by bar under Sections 25 and 26 of the Evidence Act, can vitiate a trial and lead to the acquittal of the accused.The. The Kerala High Court on Thursday categorically held that admission of confessional statements made by …

S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court
1 year, 5 months ago

S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court

Live Law  

The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offence,' and they must be in 'police custody' at the time the confession is made. Moreover, Section 27 of the same act, which acts …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 7 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]
1 year, 10 months ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Live Law  

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 Cr.P.C. Q.38 What is the legal status under the Evidence Act of a “confession” or a “statement” recorded under Section 164 Cr.P.C.? While issuing certain general directions to be followed in rape cases, the Supreme Court in State of Karnataka v. Shivanna @ …

Supreme Court grapples with use of confession in joint trial
1 year, 11 months ago

Supreme Court grapples with use of confession in joint trial

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. The justices heard 90 minutes of lively arguments about …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]
2 years ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]

Live Law  

Q.6 Can an accused on his own accord make a confession without being Ans. Such accused person is free to make a voluntary confession before the Magistrate and he need not be Q.7 Should the accused be free from any Police or other extraneous influence? Recognising the stark reality of the accused being enveloped in a state of fear and …

Extra-Judicial Confession Must Be Corroborated By Other Credible Evidence For Conviction: Gauhati High Court
2 years, 1 month ago

Extra-Judicial Confession Must Be Corroborated By Other Credible Evidence For Conviction: Gauhati High Court

Live Law  

The division bench of the Gauhati High Court has reiterated that extra judicial confession is a weak piece of evidence and it has to be corroborated by cogent and reliable evidence. The bench of Justices Suman Shyam and Parthiv Jyoti Saikia observed that the trial court has erred in accepting the uncorroborated extra judicial confession allegedly made by the accused …

Extra Judicial Confession Of A Co-Accused Cannot Be Relied On As Substantive Evidence ; It's Only A Corroborative Piece Of Evidence : Supreme Court
2 years, 4 months ago

Extra Judicial Confession Of A Co-Accused Cannot Be Relied On As Substantive Evidence ; It's Only A Corroborative Piece Of Evidence : Supreme Court

Live Law  

The Supreme Court observed that the extra judicial confession of a co­-accused could not be relied on as substantive evidence.The confession of a co­ accused could be used only in support of the evidence and could not be made a foundation of a conviction, the bench of CJI UU Lalit and Justice JB Pardiwala observed.The bench observed thus while allowing …

Confession & Section 25 Of Indian Evidence Act
2 years, 5 months ago

Confession & Section 25 Of Indian Evidence Act

Live Law  

Given the fact that voluntariness or consent of an individual is the fundamental prerequisite for giving testimony in court, it becomes imperative to ensure that the accused is not in an environment notorious for extorting statements while making a confession. S.25 of the Indian Evidence Act 1872 thus makes confessions made to a police officer inadmissible in the court of …

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 5 months ago

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

Live Law  

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court
2 years, 6 months ago

S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court

Live Law  

Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act. The bench comprising Justice Sureshwar Thakur further noted that Section 67 of the NDPS Act begets no contradiction with …

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 10 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

Live Law  

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused
3 years ago

"Extra-Judicial Confession Not Corroborated": Allahabad High Court Upholds Acquittal Of Murder-Robbery Accused

Live Law  

The Allahabad High Court recently upheld the acquittal of a Murder-Robbery accused as it noted that the alleged extrajudicial confession made by all the accused persons was highly unnatural and the same was not corroborated by any other evidence.Essentially, the Bench of Justice Vivek Kumar Birla and Justice Subhash Vidyarthi was hearing an appeal filed by the informant of the …

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court
3 years, 2 months ago

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released …

Murder Trial - Injured Witness's Evidence Not At A Higher Pedestal In A Case Of Private Defence Where The Accused Also Injured: Supreme Court
3 years, 3 months ago

Murder Trial - Injured Witness's Evidence Not At A Higher Pedestal In A Case Of Private Defence Where The Accused Also Injured: Supreme Court

Live Law  

The Supreme Court has held that the principle that the evidence of an injured witness has to be placed at a higher pedestal may not apply to a case of private defence when the accused is also injured. Private Defence Reiterating the ingredients to establish private defence, the Court placed reliance on Lakshmi Singh v. State of Bihar 4 SCC …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 3 months ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case
3 years, 5 months ago

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case

Live Law  

Observing that "guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution," the Karnataka High Court recently set aside the order passed by a trial court acquitting a person accused of raping a minor. However, the court on going through the record noted that the prosecution had not made the necessary …

Accused Can't Claim That His Confessional Statement Be Considered Regarding Some Offences Only & Not For Others: Allahabad HC
3 years, 7 months ago

Accused Can't Claim That His Confessional Statement Be Considered Regarding Some Offences Only & Not For Others: Allahabad HC

Live Law  

In an important observation, the Allahabad High Court has recently held that when a conviction is made as a whole regarding any occurrence or set of occurrences, the accused cannot, at a later stage, claim that confessional statement made by him should be considered regarding some of the offences only and not for others. The Bench of Justice Ajai Tyagi …

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 7 months ago

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court

Live Law  

Mere enmity, even if it is proved cannot be a ground to discard the evidence, if the such evidence is found to be reliable, the Kerala High Court observed while upholding conviction of an accused in a murder case on the basis of evidence given by his wife.In this case, one of the contentions raised by the accused was that …

Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony In Criminal Trial, Reiterates Supreme Court
3 years, 10 months ago

Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony In Criminal Trial, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that minor contradictions can not be a ground to discredit the testimony of the witnesses in a criminal trial.The court was considering an appeal filed by the accused who were convicted for the offences under Section 302 read with 34, IPC and Section 135 of the Bombay Police Act. The Supreme Court reiterated that minor contradictions …

Omissions; It's Proof And Significance In Criminal Trial
3 years, 11 months ago

Omissions; It's Proof And Significance In Criminal Trial

Live Law  

One of the statutory recognised methods in discrediting a witness is to contradict him with his previous / former statement. Lawyers tend to ask, as omissions, each and every trivial facts the witness deposed before the court, which does not appear in their statement to the police. This is explained in Section 162 of Cr.P.C in its Explanation : "An …

Finding Of Guilt Cannot Be Based Purely On Refusal To Undergo Identification Parade: SC Acquits Murder Accused [Read Judgment]
4 years, 4 months ago

Finding Of Guilt Cannot Be Based Purely On Refusal To Undergo Identification Parade: SC Acquits Murder Accused [Read Judgment]

Live Law  

The finding of guilt cannot be based purely on the refusal of the accused to undergo an identification parade, the Supreme Court has observed while acquitting murder accused who already underwent over 12 years of imprisonment.Rajesh alias Sarkari and Ajay Hooda were convicted by the Trial Court under Section 302 read with Section 34 of the India Penal Code and …

Witness statements, confessions in narcotics cases aren't evidence admissible in court: SC
4 years, 4 months ago

Witness statements, confessions in narcotics cases aren't evidence admissible in court: SC

India Today  

Even as a large number of narcotics cases in the country are based on confession and witness statements, a Supreme Court verdict on Thursday has now put a stop to the practice. In a 2:1 judgment on interpretation of sections 53 and 67 of the NDPS Act, the Supreme Court bench headed by Justice Rohinton F Nariman has given two …

[TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC [Read Judgment]
4 years, 11 months ago

[TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC [Read Judgment]

Live Law  

The Supreme Court, in its judgment delivered on Wednesday, made some important observations regarding admissibility of confessions under Terrorist and Disruptive Activities Act, 1987. The bench comprising of Justice S. Abdul Nazeer and Justice Deepak Gupta, with regard to scope of Section 15, held that if for any reason, a joint trial is not held, the confession of a. The …

Section 164 CrPC: Presence Of Advocate Not Mandatory When Confession Of Accused Before Magistrate Is Not Recorded By Audio-Video Means : SC [Read Judgment]
5 years, 4 months ago

Section 164 CrPC: Presence Of Advocate Not Mandatory When Confession Of Accused Before Magistrate Is Not Recorded By Audio-Video Means : SC [Read Judgment]

Live Law  

The Supreme Court has observed that it is not mandatory that a confession or statement under Section 164 of the Code of Criminal Procedure should necessarily be made in the presence of the advocate except when such confessional statement is recorded with audio-video electronic means. Justice Surya Kant, speaking for the bench, observed: What mandatorily is needed, as noted earlier, …

[ Rape & Murder ] Accused Cannot Be Convicted Merely Because Extra Judicial Confession Is Proved: SC [Read Order]
5 years, 4 months ago

[ Rape & Murder ] Accused Cannot Be Convicted Merely Because Extra Judicial Confession Is Proved: SC [Read Order]

Live Law  

The Supreme Court acquitted a young man who spent about thirteen years in jail after he was convicted in a rape and murder case.The bench comprising Justice set aside the concurrent conviction by the High Court and the Trial Court and observed that the prosecution has failed to prove other circumstances apart from an extra judicial confession relied upon by …

(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC: SC [Read Order]
5 years, 5 months ago

(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC: SC [Read Order]

Live Law  

The Supreme Court, while acquitting a rape accused, observed that the conviction of an accused cannot be based solely on a statement of the witnesses recorded by the Police under Section 161 or 154 of the Code of Criminal Procedure. But the Trial Court convicted the accused relying upon the statements recorded under Sections 154 and 161 of the Code …

NDPS Act- Court Should Be Satisfied That Confession Is Voluntary And Accused Was Apprised Of His Rights: SC [Read Judgment]
5 years, 6 months ago

NDPS Act- Court Should Be Satisfied That Confession Is Voluntary And Accused Was Apprised Of His Rights: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, even if confessions made to investigating officers are held to be admissible under Section 67 of the NDPS Act, the Court has to be satisfied that it is a voluntary statement, free from any pressure and also that the accused was apprised of his rights before recording the confession.In Mohammed Fasrin vs. State, the …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]

Live Law  

Read the First Part Here PART-II STAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. E. HOW TO RECORD A "CONFESSION" UNDER SECTION 164 Cr.P.C.? Let us now consider the modalities of recording the "confession" of an accused person by a Magistrate under Section 164 Cr.P.C. Instances of judicial confession during trial are when the "substance of accusation" …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

Live Law  

P R O L O G U E What prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. In the case on hand, the argument is with reference to statement given by PW2, a child witness to the Magistrate …

Extra-judicial Confession Of Accused Need Not Be Corroborated In All Cases: SC Reiterates [Read Judgment]
6 years, 5 months ago

Extra-judicial Confession Of Accused Need Not Be Corroborated In All Cases: SC Reiterates [Read Judgment]

Live Law  

Extra-judicial Confession Of Accused Need Not In All Cases Be Corroborated: SC‘Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated.’The Supreme Court, while affirming the conviction of a bank’s peon accused of corruption, has observed. Extra-judicial Confession Of Accused Need …

No Criminal Case Is Free From Shortcoming; Accused Can’t Take Advantage Of ‘Insignificant’ Inconsistencies In Prosecution Evidence: SC [Read Judgment]
6 years, 6 months ago

No Criminal Case Is Free From Shortcoming; Accused Can’t Take Advantage Of ‘Insignificant’ Inconsistencies In Prosecution Evidence: SC [Read Judgment]

Live Law  

‘While appreciating the evidence of a witness, the approach must be whether the evidence of the witness read as a whole inspires confidence.’A three-judge bench of the Supreme Court, while confirming a high court judgment convicting a woman for the murder of in-laws of her daughter, observed that no criminal case is free from shortcomings and the benefit would go …

Conviction Based On Confession Statement Of Accused: Experts Demand Reconsideration Of Supreme Court Judgment
6 years, 7 months ago

Conviction Based On Confession Statement Of Accused: Experts Demand Reconsideration Of Supreme Court Judgment

Live Law  

Legal experts demanded re-consideration of a recent Supreme Court Judgment whereby a two-Judge bench of the Court upheld the concurrent conviction and sentence of an accused in a case of dacoity with murder based on a confession statement of accused produced by police to prove recovery of some incriminating articles under Section 27 of Indian Evidence Act.The Bench of Justice. …

SC Upholds Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer [Read Judgment]
6 years, 7 months ago

SC Upholds Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer [Read Judgment]

Live Law  

This Judgment is a clear deviance from well established precedents. A two-Judge Bench of the Supreme Court has recently upheld the conviction of an accused for Dacoity with Murder under Section 396 of Indian Penal Code.Contrary to the binding precedents the Bench has extensively relied on a confessional statement of Accused produced by Police to prove the recovery of some. …

Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’: SC [Read Judgment]
6 years, 7 months ago

Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’: SC [Read Judgment]

Live Law  

‘On the touchstone of law laid down by this Court such a confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused and can at best be used or utilized in order to lend assurance to the Court.’The Supreme Court has held that conviction under Narcotic Drugs and Psychotropic Substances Act, …

Active Connivance By Investigative Agencies To Suppress Facts Can’t Be Ignored Or Overlooked: SC [Read Judgment]
6 years, 10 months ago

Active Connivance By Investigative Agencies To Suppress Facts Can’t Be Ignored Or Overlooked: SC [Read Judgment]

Live Law  

Although we are aware of the ratio laid down in Parbhu v. Emperor, AIR 1944 PC 73, wherein the court had ruled that irregularity and illegality of arrest would not affect the culpability of the offence if the same is proved by cogent evidence, yet in this case at hand, such irregularity should be shown deference as the investigating authorities …

Administering Oath To Accused While Recording Confessional Statement Unconstitutional: Sikkim HC (FB) [Read Judgment]
7 years ago

Administering Oath To Accused While Recording Confessional Statement Unconstitutional: Sikkim HC (FB) [Read Judgment]

Live Law  

Not only administration of oath on an accused while recording his confession is prohibited, unlawful and illegal but also that the said act cannot be cured under Section 463 CrPC. Administration of Oath upon an accused while recording confession has a direct bearing on the voluntariness of the confession and voluntariness is sacrosanct, the bench observed.A full bench of Sikkim …

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