(Querist) 23 June 2008
This query is : Resolved
some one told me tht there is a ruling of the apex court saying tht the statements made by the accused prior to framing of charge is not relevant in the eyes of law..... BUT i didnt remember the reference of tht. so please reply that.,
1. is it true? 2. if yes, can any body gives me the reference of that.
H. S. Thukral
(Expert) 23 June 2008
Statement by the accused or witness made to police are shut out by section 25 of the Evidence Act in case of an accused( unless section 27 of the evidence act is applied) and Section 162 of the Cr.PC in case of witnesses unless recorded as per procedure under section 164 of the Cr.PC. /The statements before the police can only be used for contradiction/affirmation of facts brought out in evidence during the trial. These are unambigous and frequently employed provisions of CR.PC and there are several judgments on this. Are you looking for a judgment as to confessions before Police not admissible or statements in regard to coaccused /discoveries not admissible. State facts of the case pl.
(Expert) 26 June 2008
Do you have any counter rulings to say it is true or what is your query, and why need a decision when the sections speak clearly as explained by Brother Harbhajan.