S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
4 months 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 the discovery of the incriminating. 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 the discovery of the incriminating circumstances against the accused was not based on the disclosure statements made under Section 27 of the Evidence Act, 1872, but based on the statement recorded by the police when he was en route to the police station. The Court cautioned against making a simple case of chance recovery as a disclosure under Section 27, as the provision would be prone to misuse providing “a chance to the prosecution to make out a statement of the accused with a simple case of recovery as a case of discovery of fact to attract the provisions of Section 27 of the Evidence Act.” The bench comprising Justice JB Pardiwala and Justice Manoj Misra heard the criminal appeal filed by the accused challenging his conviction on the ground that the discovery of the incriminating evidence against him was done before the recording of his disclosure statements under Section 27 of the Act.

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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
1 month 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 …

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC
1 month, 1 week ago

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC

Live Law  

While upholding the Trial Court's order allowing the prosecution to introduce an additional document, the Delhi High Court has observed that the introduction of the document, which was already a part of the record in an incomplete form and did not introduce any new facts or allegations, did not amount to placing 'fresh evidence'. The Trial Court allowed CBI's application, …

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court
1 month, 4 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, 4 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 | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
4 months 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 …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
5 months ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

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 …

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, 2 weeks 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 …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
11 months, 3 weeks ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 2 months ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]

Live Law  

Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from the Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. This aspect of the matter was considered by the Constitution Bench of the Supreme Court in State of Uttar Pradesh v. Deoman Upadhyaya - AIR 1960 SC 1125 …

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872
1 year, 2 months ago

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

Live Law  

Absconding Effects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. 2023 LiveLaw 814 Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is …

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 5 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

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 …

Section 27 of Evidence Act For More Lucidity
2 years ago

Section 27 of Evidence Act For More Lucidity

Live Law  

Read this in continuation of the Article “Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels" If the “information” to be received from an accused person in the custody of a Police Officer should be regarding a “fact discovered”, AND If the words “fact discovered” occurring …

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 …

Recovery From Accused Must Be Established To Raise Presumption U/Sec 54 NDPS Act : Supreme Court
2 years, 6 months ago

Recovery From Accused Must Be Established To Raise Presumption U/Sec 54 NDPS Act : Supreme Court

Live Law  

The Supreme Court observed that to raise a presumption under Section 54 of NDPS Act, it must first be established that a recovery was made from the accused.The bench of Justices Indira Banerjee and V. Ramasubramanian observed thus while allowing an appeal filed by an accused who was concurrently convicted under Section 20 of the Narcotic Drugs and Psychotropic. The …

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 : …

Disclosure Statement Of Co-Accused U/S 27 Evidence Act Not Legal Evidence Qua A Non-Maker Accused: Bombay High Court
2 years, 7 months ago

Disclosure Statement Of Co-Accused U/S 27 Evidence Act Not Legal Evidence Qua A Non-Maker Accused: Bombay High Court

Live Law  

The Bombay High Court has recently observed that a disclosure statement made by a co-accused under Section 27 of the Evidence Act is not legal evidence qua a non-maker accused.The bench of Justice Nijamoddin Jahiroddin Jamadar observed thus while granting bail to one Raju Jokhanprasad Gupta in a case registered against him under Section 307 of IPC.The case. The Bombay …

Facts Revealed By Accused In Custody About Discovery, Not Acceptance Of Guilt, Can Be Treated As Legal Evidence U/S 27 Evidence Act: Tripura High Court
2 years, 8 months ago

Facts Revealed By Accused In Custody About Discovery, Not Acceptance Of Guilt, Can Be Treated As Legal Evidence U/S 27 Evidence Act: Tripura High Court

Live Law  

The Tripura High Court recently acquitted a man convicted for charges of murder under section 302 IPC, while observing that there wasn't sufficient evidence on record to prove his guilt and that mere statement of the co accused isn't enough to convict him. In this backdrop, the Court observed that the trial court could not convict the appellant basing on …

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 …

Section 27 Recovery Must Satisfy Court's Conscience; Prosecution May At Times Take Advantage Of Custody Of Accused By Other Means : Supreme Court
2 years, 11 months ago

Section 27 Recovery Must Satisfy Court's Conscience; Prosecution May At Times Take Advantage Of Custody Of Accused By Other Means : Supreme Court

Live Law  

The Supreme Court has acquitted 4 persons affiliated to the National Development Front in a case related to the murder of a member of the Communist Party of India) in Kerala in 2002. To reverse the High Court's conviction of the other 4 accused, the Supreme Court observed that there were discrepancies in the recoveries made by them under Section …

Court Reporting- A Fleeting Impression By Journalist Regarding Value Of Evidence Is Entirely Beyond His/Her Legitimate Scope: Bombay High Court
3 years, 7 months ago

Court Reporting- A Fleeting Impression By Journalist Regarding Value Of Evidence Is Entirely Beyond His/Her Legitimate Scope: Bombay High Court

Live Law  

In a significant observation, while emphasizing that in an open Court system, fair reporting cannot be restrained, the Bombay High Court last week held that a fleeting impression by a journalist of the value of evidence is entirely beyond his/her legitimate scope.The Bench of Justice G. S. Patel specifically observed that fair reporting of court proceedings does not extend to …

‘Fact’ In Section 27 Of Evidence Act Not Limited To ‘Actual Physical Material Object’ And Includes ‘Mental Awareness Of The Accused As To Its Existence: SC [Read Judgment]
6 years, 5 months ago

‘Fact’ In Section 27 Of Evidence Act Not Limited To ‘Actual Physical Material Object’ And Includes ‘Mental Awareness Of The Accused As To Its Existence: SC [Read Judgment]

Live Law  

The discovery of fact arises by reason of the fact that the information given by the accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place.’The Supreme Court has observed that the word “fact” as contemplated in Section 27 of the Indian Evidence Act is not limited to “actual physical material …

Delhi HC Suggests Digital Recording Of Witness Statements And Recoveries In Addition To Existing Mechanism Under CrPC [Read Order]
6 years, 7 months ago

Delhi HC Suggests Digital Recording Of Witness Statements And Recoveries In Addition To Existing Mechanism Under CrPC [Read Order]

Live Law  

Delhi High Court on Monday issued notice to the Centre and the Delhi Government, while suggesting digital recording of witness statements and effecting recovery by the Delhi Police.The suggestion was given by a Bench comprising Justice Vipin Sanghi and Justice IS Mehta after considering an action taken report filed on behalf of the Delhi Police. Delhi High Court on Monday …

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. …

Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]
7 years, 1 month ago

Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]

Live Law  

The Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.The trial court had convicted a person for offences under Sections 498A and 201 of the Indian Penal Code, 1860. The Supreme Court, in Dinesh …

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]
8 years, 4 months ago

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]

Live Law  

The Supreme Court in Anjan Dasgupta vs. The State of West Bengal, has held that the receipt and recording of First Information Report is not a condition precedent for setting in motion a criminal investigation and the police are duty bound to start investigation when it gets information with regard to commission of crime.A trial court had acquitted an accused …

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]
8 years, 4 months ago

Recording Of FIR Not A Condition Precedent For Starting Criminal Investigation: SC [Read Judgment]

Live Law  

The Supreme Court in Anjan Dasgupta vs. The State of West Bengal, has held that the receipt and recording of First Information Report is not a condition precedent for setting in motion a criminal investigation and the police are duty bound to start investigation when it gets information with regard to commission of crime.A trial court had acquitted an accused …

Section 27 Recovery: Wrong Application Of Law
8 years, 4 months ago

Section 27 Recovery: Wrong Application Of Law

Live Law  

Reversing the judgment of the Special Judge for trial of NDPS cases, Thodupuzha convicting A1 and A3 for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for having been found in possession of 18 Kgs of ganja, the High Court of Kerala in Ramesh Vs State of Kerala 2016KHC 303, has recorded an …

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 5 months ago

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

Live Law  

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra. The …

‘Police will follow court directive in intern case’
11 years, 3 months ago

‘Police will follow court directive in intern case’

The Hindu  

The Delhi Police on Friday said they would proceed in accordance with the directions of the Supreme Court in connection with allegations made by a former law intern against a retired judge. The New Delhi Police opened a preliminary enquiry into the charges made by the victim on her blog of November 6 after a former Dean of Law Faculty …

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