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confession made to a Police Officer.

Created by : Rajesh Tekale, Counsel, Advocate on Record , High Court, Mumbai  | 08 01 2011 07:31:46 +0000
Industry : LawFunctional Area : Productivity & Performance(Strategy & Execution)
Keywords : shall be proved as against such person. no confession made by any person whilst he is in the custody of a police officer unless it be made in the immediate presence of a magistrate
Activity:  114 views;  last activity : 08 01 2011 09:35:23 +0000

No confession made by any person whilst he is in the custody of a Police Officer, Unless it be made in the immediate presence of a Magistrate, shall be proved as against such person."

 
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Statement should be accepted as Evidence Vs The statement of accused, have no evidential value
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Statement without circumstantial evidence has no value. Suspects have to be appraised of the background of circumstances leading to his arrest etc. "Miranda" standards (Miranda Vs Arizona case of USA) to follow. Any confession in violation of these "Miranda" standards are null and void.
By Srinivas suravajhala, Asst. Manager.  | 08 01 2011 09:35:23 +0000
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In a solitary confinement, a third-degree torture as a tool made available to the police offers to record a statement is not tenable unless and until its proved otherwise before the Magistrate or Judge. This is only the safeguard available to the common people, otherwise, the jails will be filled with the innocents who have no wherewithal to fight their case!
By S. Muralidharan, Executive Director, Knowledge Foundation & Campus Around the Corner  | 08 01 2011 09:02:52 +0000
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It is good provision to safeguard the people. Police are using third degree methods to get a confessional statement, knowing fully well that it is not maintanable.
By MS_Pi , Top Management, Confidential  | 08 01 2011 07:49:42 +0000
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Articles 20 (2) of the constitution have provided for the safeguards since the basic jurisprudence in Indian criminal law says that an accused is presumed to be innocent until proven guilty and the onus lies exclusively on the prosecution to prove the guilt."

Section 27 of Evidence Act. Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence in the custody of a Police Officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved."
By Rajesh Tekale, Counsel, Advocate on Record , High Court, Mumbai  | 08 01 2011 07:31:46 +0000
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