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 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. Case details Munikrishna @ Krishna vs State By UIsoor PS | 2022 LiveLaw 812 | CrA 1597-1600 OF 2022 | 30 October 2022 | CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia Counsel : Advocate on Record Lakshmeesh S. Kamath appeared for the appellants, Additional Advocate General Nikhil Goel appeared for the State Headnotes Indian Evidence Act, 1872 ; Section 25 - Code Of Criminal Procedure, 1973 ; Section 161 - Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements - A confessional statement given by an accused before a Police officer is inadmissible as evidence - Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence.

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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, 6 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 …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 2 weeks ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused
1 month, 3 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 …

'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 …

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

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court
4 months, 2 weeks ago

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

Live Law  

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. His testimony is corroborated by the attending circumstance of the appellant being arrested soon after the incidence.” “Under Section 60 of the Evidence Act, a person who has seen or heard a fact, can be …

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

Criminal Trial Is Voyage To Truth, Conviction Not The Objective: Karnataka HC Allows Murder Accused To Show Media Interviews At Trial To Confront Witness
8 months, 3 weeks ago

Criminal Trial Is Voyage To Truth, Conviction Not The Objective: Karnataka HC Allows Murder Accused To Show Media Interviews At Trial To Confront Witness

Live Law  

The Karnataka High Court has set aside an order passed by the trial court rejecting an application filed by a murder accused seeking permission to confront PW-1 by playing video footage recorded by the media in the presence of the Police Officers of witnesses when the deceased was brought to the government hospital after the incident. It was stated that …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence
1 year, 3 months ago

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence

Live Law  

The Andhra Pradesh High Court has set aside a conviction under section 304 of the IPC upon finding that the trial court overlooked the 'glaring inconsistencies between the ocular/eyewitness testimony and medical evidence.' Ravindra Babu held: "Though the prosecution examined direct witnesses who alleged overt acts against the accused, but their ocular testimony has no corroboration from the medical evidence. …

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, 6 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 …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

“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 @ …

“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 …

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

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 …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

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 …

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 …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court
2 years, 7 months ago

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court

Live Law  

Extra­ judicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the basis of extra ­judicial confession could not be sustained, the Supreme Court observed while upholding a High Court judgment which acquitted a murder accused.The prosecution case was that the accused had killed his wife with a lathi, dragged her 100 …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 8 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case
2 years, 8 months ago

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

Live Law  

The Supreme Court, in a judgment delivered in a criminal appeal, laid down principles for appreciation of ocular evidence in a criminal case.In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as …

'Footage Must Be Stored Atleast For A Year': Madras High Court Directs DGP To Ensure Proper Functioning Of CCTV Cameras In Police Stations
3 years ago

'Footage Must Be Stored Atleast For A Year': Madras High Court Directs DGP To Ensure Proper Functioning Of CCTV Cameras In Police Stations

Live Law  

The Madras High Court has observed that inspite of repeated orders passed by the Supreme Court and the High Courts, the Police Department is not equipped with CCTV cameras for storage of footage, which must be at least for a period of one year. However, the court also took note of the fact that a number of writ petitions are …

"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 …

Bombay HC lets off two men who had been given life sentence based on extra judicial confession
3 years, 1 month ago

Bombay HC lets off two men who had been given life sentence based on extra judicial confession

India Today  

The Bombay High Court acquitted two persons of murder charges after 16 years on the grounds that an extra-judicial confession made by the accused to a stranger cannot be the basis of conviction. As a result, the High Court stated that while an accused might be convicted based on an extrajudicial confession, the confession must inspire trust, which it did …

Section 106 Evidence Act Is Not Intended To Relieve Prosecution From Discharging Its Duty To Prove The Guilt Of The Accused: Supreme Court
3 years, 1 month ago

Section 106 Evidence Act Is Not Intended To Relieve Prosecution From Discharging Its Duty To Prove The Guilt Of The Accused: Supreme Court

Live Law  

Section 106 of the Indian Evidence Act is not intended to relieve the prosecution from discharging its duty to prove the guilt of the accused, the Supreme Court observed while acquitting murder accused.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed that the burden could not be shifted on the accused by pressing into service the provisions contained …

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 …

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court
3 years, 2 months ago

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court

Live Law  

In a significant judgment, the Kerala High Court ruled that before recording witness depositions under Section 299 of the Code of Criminal Procedure, it should be established that the accused has absconded and that there is no immediate prospect of arresting him. The Bench added that proof of the accused absconding is a condition precedent to record witness deposition for …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 4 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 …

Goa police destroyed CCTV footage, made several omissions in Tarun Tejpal case, says Court
3 years, 10 months ago

Goa police destroyed CCTV footage, made several omissions in Tarun Tejpal case, says Court

Op India  

The Goa Sessions Court that recently aqquitted former Tehelka editor Tarun Tejpal had said in its judgement that the prosecution failed to produce crucial evidence, including CCTV footage, and the investigation officer committed several omissions during the investigation in the rape case. The additional sessions court at Mapusa, acquitting Tarun Tejpal, held that Goa police destroyed “clear proof of evidence” …

"Victim's Trauma Doesn't End With Rape" - Bombay High Court Recommends Amendment To Give Victim's 164 Statement The Status Of Examination-In-Chief
3 years, 11 months ago

"Victim's Trauma Doesn't End With Rape" - Bombay High Court Recommends Amendment To Give Victim's 164 Statement The Status Of Examination-In-Chief

Live Law  

In a significant ruling, The Bombay High Court has urged the State and Central Governments, to bring amendments under relevant laws and give statements recorded before a magistrate under section 164 of the CrPC, the status of examination-in-chief. Position of Law The bench mentioned that a "section 164 Statement can be used only for the purpose of corroboration or contradiction …

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 …

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]
4 years, 8 months ago

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]

Live Law  

The Punjab and Haryana High Court has asserted that in a criminal case,"one cannot be expected to have an eidetic/photographic memory" and that "slight changes in the facts or alleged improvements are bound to happen, being natural". Word of caution: Statutory Presumption in section 29, POCSO Act is still a rebuttable presumption The bench noted that Section 29 of 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, …

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

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

Live Law  

Read the First Part Here Read the Second Part Here PROCEDURE FOR RECORDING "CONFESSION" UNDER SECTION 164 Cr.P.C. Such accused person is free to make a voluntary confession before the Magistrate and he need not be ACCUSED TO BE FREE FROM POLICE INFLUENCE The Magistrate should be satisfied that the accused is not The provisions of Section 164 Cr.P.C. If …

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 …

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, …

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