Statement of accused in jail
Querist :
Anonymous
(Querist) 18 January 2011
This query is : Resolved
Sir,an accused surrendered and sent to jail by the court, is rendered under judicial custody but police want to interrogate him .1)Does it need judicial order or can just walk-in the jail as if jail is their territory?2)Who is authorised to issue such orders to police?3)If during trial, police can not produce the judical order for interrogation of tha accused then it is presumed that police have concoted the story, but how come police claim that whole story of the crime was narrated by the accused?4)And if the story was narrated exclusively for the first time by the accused and police did not try for his Police remand to ascertain the facts,then how police was able to know that certain crime has been committed by the accused?
SANJAY GUPTA
(Expert) 19 January 2011
1. yes, it need judicial order for interrogation in jail custody.
2. Judicial Magistrate has power to grant permission for the interrogation in jail.
3. you can not presume any thing anything till the investigation is over.
4. its job of the police to unearth the truth your query is not in detail.
Querist :
Anonymous
(Querist) 19 January 2011
Expert Mr.Sanjay Gupta.Thanx.I am asking all these question to want to prepare appeal in the High Court, because every thing has been over and we got conviction on flimsy grounds and our lawyer did not do any thing, hence all these enquisitions.Police could not produce the JM's order but they made up a story that all the information about the crime was given to them by the accused in jail.The statement from the accused was self incriminating but to make it admissible u/s 27 of Evidence Act,the accused was not taken on police remand.Police could not produce even the jail's visitor book and even he was not aware of the JM also but the judge believed his story.With in a day,police took statement of many PWs and even received JM's order, all in a single day.Could you please suggest as to how much time it takes for JM to give its consent for interrogation in jail and which JM is authorised to do so.Is it under whose jurisdiction the police station comes or is it the DM or the DJ?My general question may be hypothetical but sir how could police know that certain crime has been committed and xyz are the accused?
Ajay Bansal
(Expert) 19 January 2011
On issues no.1&2,Sanjay Gupta is correct.However in the absence of any Court's order for interogation with a person,who is in judicial custody,investigation of Police has become invalid.
