Sage-Tips

Can confession be given to the police?

Confession made to a police officer is absolutely inadmissible in accordance with provisions laid down in law of evidence. However, the same confession made to a competent Magistrate becomes admissible.

What type of confessions are inadmissible under the Indian Evidence Act 1872?

Section 24 of Indian Evidence Act provides that a confession made by a person who is accused of some offence is irrelevant if such confession comes out of any inducement, threat or promise and such instances have proceeded from a person in authority like police, magistrate, court etc., the other condition of this …

What is admissible under section 27 of Evidence Act?

Analysis of Section 27 This Section lays down that if the accused makes a confession, it could be used to prove a fact or the discovery of new facts in the investigation. That would be admissible in the court of law. If a confession is obtained under threat or promise and it proves a fact, it would still be admissible.

What is Section 25 of Indian Evidence Act?

25. Confession to police officer not to be proved. —No confession made to a police officer1, shall be proved as against a person accused of any offence. —No confession made to a police officer1, shall be proved as against a person accused of any offence.

What is Section 161 CRPC?

Section 161 Code of Criminal Procedure, 1973 (for short ‘Cr. P.C.’) titled “Examination of witnesses by police” provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case.

What is Section 28 of Indian Evidence Act?

section 28 provides that if there is inducement, threat or promise given to the accused in order to obtain confession of guilt from him but the confession is made after the impression caused by any such inducement,threat or promise has, in the opinion of the court, been fully removed, the confession will be relevant …

How many sections and chapters are there in Indian Evidence Act, 1872?

The Act. The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872.

What is the section 30?

30. “Valuable security”. —The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right.

What Crpc 161?

What is Section 164 CrPC?

under section 164 of Crpc the confession statements of accused will be recorded. As per section 164(1) of Crpc, Judicial Magistrate or Metropolitan Magistrate whether or not having jurisdiction in the case can record any statement or confession made to him in the course of investigation.

What is Section 173 CrPC?

Section 173 in The Code Of Criminal Procedure, 1973. 173. Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay.

What is confession under Indian Evidence Act?

confession appears for the first time in Section 24 of the Indian Evidence Act. The word “confession” appears for the first time in Section 24 of the Indian Evidence Act. This section comes under the heading of Admission so it is clear that the confessions are merely one species of admission.

What is Section 25 of the Indian Evidence Act 1872?

Confession to Police (Section 25 of the Indian Evidence Act, 1872): Under S. 25, no confession made to a police-officer can be proved as against an accused. The object of this section and S. 26 is to prevent the practice of oppression or torture by the police for the purpose of extracting confessions from accused persons.

Are confessions recorded by a police officer inadmissible in evidence?

The confessions recorded by them in exercise of that power of investigation into the offences would be inadmissible in evidence. Thus, a chawkidar, a police patel, a village headman under the Burma Police Act, an abkari officer, and an excise officer are all police-officers.

Is a letter written to a police officer admissible as evidence?

A letter written by the accused, not in the presence of police-officer, but addressed to such officer, is not a confession made to a police-officer under S. 25. It is, therefore, admissible in evidence.