Confession in police custody is admissible

Ashfaq Hamid (Querist) 25 November 2011 This query is : Resolved
Sir, my moot problem is regarding cofession in police custody. I'm pleading on behalf of state. My cotention is that sec 27 of Evidence Act is proviso to section 26, and since on the basis of confession made by accused a knife was recovered and therefore sec 27 would apply. Sir can i raise any other argument apart from this

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Shonee Kapoor (Expert) 25 November 2011
If the same was recoverable from a place, which was not accessible to public at large, the admission to this effect only is admissible.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 25 November 2011
Witness will be examined
in 313 statement, even accused will be asked, and usually all accused deny, he ever told, or confessed.
Only if confession in pr of Magistrate/ judge, it is allowed. otherwise NO.

A case at Vasai court last month of Kidnapping child for ransom, and killing and buried skeleton, and recovery thru accused after remand, did not stand. He bluntly told, i was in UP. and charged for no reason. he denied all that he lead investigation team to spot where the bones were found, analysed and proved to be that of the missing child!.
Our Courts? TOBA!
Our Police and PP? Try to earn max at point of Bail, and then forget for years, transferred, witnesses sold off, criminals become so hard, all afraid.

Ek khoon ki saja Fansi
Hundred khoon ki saja? same Fansi
Who cares, once remanded and undergone all jugglery!!
Panchnamas will be challenged, his presence will be denied by him!

Rajeev Kumar (Expert) 25 November 2011
Agree with experts

Raj Kumar Makkad (Expert) 25 November 2011
follow the advice of shroff.

Devajyoti Barman (Expert) 26 November 2011
Yes I do agree.

Dr V. Nageswara Rao (Expert) 26 November 2011
1. Under S. 26 IE Act,Confession made in plice custody is, as a rule, inadmissible.
2. There are two exceptions to the above rule:(a) Confession recorded by Magistrate under S. 26 r/w S. 164 CrPC and (b) under S. 27 confession leading to the discovery of some material objectlike knife etc.
3. If the police already know that the knife was hidden in some place, there is no doscovery and S. 27 will not apply.
4. Under S. 26, you must prove that the confession was made in police custody to a person other than police pfficer. If it was made to a plice officer, still S. 27 will apply as the Supreme Court has held that S. 27 is an exception to Ss. 24, 25 and 26.
5.Of course, the accused will plead all possible defences, and prosecution will have to function within the limitations of reality.
6. Go ahead and all good luck.