Confession & Section 25 Of Indian Evidence Act
2 years, 2 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 law. As per Cr.P.C, a police officer has not only the powers to arrest, search, seizure, register F.I.R.s but also to file charge sheet under S.173 of Cr.P.C. The Judicial Trend- A Trail Of Cases One of the first cases to decide on the definition of police officers under the impugned section was Barkat Ram which essentially determined the status of customs officers. It made the power to file charge sheet u/s 173 of the Cr.P.C as a decider or a qualifier to become a police officer.

Court Power Charge Case Status Held Officials Officer Officers Act Iea Powers This Approach Police Officials Confession Customs Officers Raj Kumar Karwal  powers  25  officials  officers  court  status  power  held  charge  confession  act  indian  case  officer  evidence

History of this topic

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
3 weeks, 5 days ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
3 weeks, 5 days ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

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

Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court
5 months, 1 week 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 …

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

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

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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, 2 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 …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-I]
1 year, 9 months ago

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

Live Law  

Q.1 What is a confession? v. Navjot Sandhu 11 SCC 600 – – P. Venkatarama Reddy, P. P. Naolekar – JJ.) CONFESSION DEFINED After the authoritative pronouncement by the Privy Council in Pakala Narayana Swamy v. Emperor AIR 1939 PC 47 - Atkin, G Rankin, Porter, Thankerton, Wright - JJ, a confession has been understood as follows:- A confession must …

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 2 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, 3 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 …

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court
2 years, 11 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 …

Statement Under Section 67 of NDPS Act Cannot Be Used As A Confessional Statement, Reiterates Punjab & Haryana HC
3 years, 5 months ago

Statement Under Section 67 of NDPS Act Cannot Be Used As A Confessional Statement, Reiterates Punjab & Haryana HC

Live Law  

The High Court of Punjab & Haryana has held that a statement under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be used as a confessional statement in the trial of an offense under the Act. However, a bench of Justice Raj Mohan Singh relied on the case of Tofan Singh vs. State of Tamil Nadu, where …

Witness statements, confessions in narcotics cases aren't evidence admissible in court: SC
4 years, 1 month 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 …

Who Is A "Police Officer" For The Purpose Of Section 25 Of The Indian Evidence Act, 1872?
4 years, 2 months ago

Who Is A "Police Officer" For The Purpose Of Section 25 Of The Indian Evidence Act, 1872?

Live Law  

A. I N T R O D U C T I O N d) While the powers conferred on the police officers are for the detection and prevention of crime, the powers conferred on the Customs Officers are merely for the purpose of ensuring that dutiable goods do not enter the country without payment of duty and that articles whose …

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