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Rahul Dutta (Widlife Conservation)     21 June 2017

Judicial and extra judicial confessions

Hello everyone,

I am sure the aforementioned subject has been discussed in details.  Please direct me to those posts and I apologise for starting another thread on the same subject.  However, I am not just looking for a simple definition of Judicial and Extra Judicial Confessions.

My querry is, if any act has given power to a certain level of officers to receive and record statement / confessional statement AND have also made statements so made, admissible in the court.  Can it be still call and extra-judicial statement?

I can give example of the Wildlife (Protection) Act, 1972 (ammended 2006/2013) wherein under Section 50(8), an officer of the rank of Assistant Director of the Wildlife Preservation (central govt) or an Assistant Conservator of Forests (state govt) can receive and record evidence and under Section 50(9) such evidences are admissible in court.

It has been amply made clear in many high court and supreme court matters that a forest officer is not an police officer hence certain provisions of the evidence act does not hit them.

All I need to know is that whether evidence taken in accordance with Sec 50(8) r/w Sec 50(9) can be termed extra judicial confessions.

Thanks in advance

Regards

Rahul Dutta

 



Learning

 5 Replies

Ms.Usha Kapoor (CEO)     21 June 2017

Although they are extrsa judicial confessions they partake character of Judicial confessions as Forest officers are the only alternative to police force who know interiors of forest any forest law is broken by anyone  forest officers have been      given powers to arrest and investigate and from them police take over and after interrogation and investigation police will book the \guilty who broke th eForest law can be prosecuted and PUNISHED WITH FINE OR JAIL  TERM OR BOTH ACCORDING TO WILD LIFE LAWS.Hence extrajudicial confessions  made before forest officers are valid and equivalent  to Judicial confessions.

fOREST  OFFICERS HAVE BEEN GIVEN POWERS UP TO aRREST AND iNVESTIGATION ONLY. rEAD BELOW.

United States Code

USC most recently checked for updates: May 14, 2017

§ 559c.
Powers of officers and employees of Forest Service
For the purposes of sections 559b to 559f of this title, if specifically designated by the Secretary and specially trained, not to exceed 1,000 special agents and law enforcement officers of the Forest Service when in the performance of their duties shall have authority to—
(1)
carry firearms;
(2)
conduct, within the exterior boundaries of the National Forest System, investigations of violations of and enforce section 841 of title 21 and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dispensed on National Forest System lands and to conduct such investigations and enforcement of such laws outside the exterior boundaries of the National Forest System for offenses committed within the National Forest System or which affect the administration of the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest);
(3)
make arrests with a warrant or process for misdemeanor violations, or without a warrant or process for violations of such misdemeanors that any such officer or employee has probable cause to believe are being committed in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony, for offenses committed within the National Forest System or which affect the administration of the National Forest System;; 1
1
 So in original.
(4)
serve warrants and other process issued by a court or officer of competent jurisdiction;
(5)
search with or without warrant or process any person, place, or conveyance according to Federal law or rule of law; and
(6)
seize with or without warrant or process any evidentiary item according to Federal law or rule of law.
(Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b), Nov. 18, 1988, 102 Stat. 4363.)
 
cite as: 16 USC 559c
 
© 2016 GovRegs | About | Disclaimer | Privacy
 

Rahul Dutta (Widlife Conservation)     22 June 2017

 Thank you very much for your reply.  However, I hope you will allow me to differ with what you have said.  I am not a lawyer so my interpretations may not be absolutely right but would sincerely appreciate if you can throw some light on my querries and observations below on the quoted text. 

Originally posted by : Ms.Usha Kapoor

Although they are extrsa judicisal confessions they partake character of Judicial confessions How have you come to this conclusion?

as Forest officers are the only alternative to police force who know interiors of forest any forest law is broken by anyone  forest officers have been Forest Laws are not limited to inside the forest its all over the country

      given powers to arrest and investigate and from them police take over Sorry it does not work like that.  Police do not take over cases from forest or visa versa.. Forest staff has the power to do all necessary action leading to prosecution..

and  interrogation and investigation police will prodiuuce th eguilty who broke th eForest law can be prosecuted ND PUNISHED WITH FINE OR JAIL  TERM OR BOTH ACCORDING TO WILD LIFE LAWS.  Forest staff can do this with no intervention from police.  I am not sure where did this came from

Hence extrajudicial confessions  made before forest officers are valid and equivalent  to Judicial confessions.  Can you please elaborate a bit more please?

Thank you once again for your response!

Regards

Rahul

Ms.Usha Kapoor (CEO)     22 June 2017

Dear Rahul    Dutta,

Forestb  Officers have ppowers up to Arrest and investigaste only. Prosecution and punidshment regular police and courts will see.

Read the following:

United States Code

USC most recently checked for updates: May 14, 2017

§ 559c.
Powers of officers and employees of Forest Service
For the purposes of sections 559b to 559f of this title, if specifically designated by the Secretary and specially trained, not to exceed 1,000 special agents and law enforcement officers of the Forest Service when in the performance of their duties shall have authority to—
(1)
carry firearms;
(2)
conduct, within the exterior boundaries of the National Forest System, investigations of violations of and enforce section 841 of title 21 and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dispensed on National Forest System lands and to conduct such investigations and enforcement of such laws outside the exterior boundaries of the National Forest System for offenses committed within the National Forest System or which affect the administration of the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest);
(3)
make arrests with a warrant or process for misdemeanor violations, or without a warrant or process for violations of such misdemeanors that any such officer or employee has probable cause to believe are being committed in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony, for offenses committed within the National Forest System or which affect the administration of the National Forest System;; 1
1
 So in original.
(4)
serve warrants and other process issued by a court or officer of competent jurisdiction;
(5)
search with or without warrant or process any person, place, or conveyance according to Federal law or rule of law; and
(6)
seize with or without warrant or process any evidentiary item according to Federal law or rule of law.
(Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b), Nov. 18, 1988, 102 Stat. 4363.)
 
cite as: 16 USC 559c
 
© 2016 GovRegs | About | Disclaimer | Privacy
 

 

 

 

 

 

 

 

forest officers have been given powers up to  arrest and investigation  only./,

United States Code

USC most recently checked for updates: May 14, 2017

§ 559c.
Powers of officers and employees of Forest Service
For the purposes of sections 559b to 559f of this title, if specifically designated by the Secretary and specially trained, not to exceed 1,000 special agents and law enforcement officers of the Forest Service when in the performance of their duties shall have authority to—
(1)
carry firearms;
(2)
conduct, within the exterior boundaries of the National Forest System, investigations of violations of and enforce section 841 of title 21 and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dispensed on National Forest System lands and to conduct such investigations and enforcement of such laws outside the exterior boundaries of the National Forest System for offenses committed within the National Forest System or which affect the administration of the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest);
(3)
make arrests with a warrant or process for misdemeanor violations, or without a warrant or process for violations of such misdemeanors that any such officer or employee has probable cause to believe are being committed in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony, for offenses committed within the National Forest System or which affect the administration of the National Forest System;; 1
1
 So in original.
(4)
serve warrants and other process issued by a court or officer of competent jurisdiction;
(5)
search with or without warrant or process any person, place, or conveyance according to Federal law or rule of law; and
(6)
seize with or without warrant or process any evidentiary item according to Federal law or rule of law.
(Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b), Nov. 18, 1988, 102 Stat. 4363.)
 
cite as: 16 USC 559c
 
© 2016 GovRegs | About | Disclaimer | Privacy
 

 

Ms.Usha Kapoor (CEO)     22 June 2017

Dear Rahul    Dutta,

Read the following:

United States Code

USC most recently checked for updates: May 14, 2017

§ 559c.
Powers of officers and employees of Forest Service
For the purposes of sections 559b to 559f of this title, if specifically designated by the Secretary and specially trained, not to exceed 1,000 special agents and law enforcement officers of the Forest Service when in the performance of their duties shall have authority to—
(1)
carry firearms;
(2)
conduct, within the exterior boundaries of the National Forest System, investigations of violations of and enforce section 841 of title 21 and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dispensed on National Forest System lands and to conduct such investigations and enforcement of such laws outside the exterior boundaries of the National Forest System for offenses committed within the National Forest System or which affect the administration of the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest);
(3)
make arrests with a warrant or process for misdemeanor violations, or without a warrant or process for violations of such misdemeanors that any such officer or employee has probable cause to believe are being committed in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony, for offenses committed within the National Forest System or which affect the administration of the National Forest System;; 1
1
 So in original.
(4)
serve warrants and other process issued by a court or officer of competent jurisdiction;
(5)
search with or without warrant or process any person, place, or conveyance according to Federal law or rule of law; and
(6)
seize with or without warrant or process any evidentiary item according to Federal law or rule of law.
(Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b), Nov. 18, 1988, 102 Stat. 4363.)
 
cite as: 16 USC 559c
 
© 2016 GovRegs | About | Disclaimer | Privacy
 

 

 

 

 

 

 

 

forest officers have been given powers up to  arrest and investigation  only./,

United States Code

USC most recently checked for updates: May 14, 2017

§ 559c.
Powers of officers and employees of Forest Service
For the purposes of sections 559b to 559f of this title, if specifically designated by the Secretary and specially trained, not to exceed 1,000 special agents and law enforcement officers of the Forest Service when in the performance of their duties shall have authority to—
(1)
carry firearms;
(2)
conduct, within the exterior boundaries of the National Forest System, investigations of violations of and enforce section 841 of title 21 and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dispensed on National Forest System lands and to conduct such investigations and enforcement of such laws outside the exterior boundaries of the National Forest System for offenses committed within the National Forest System or which affect the administration of the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest);
(3)
make arrests with a warrant or process for misdemeanor violations, or without a warrant or process for violations of such misdemeanors that any such officer or employee has probable cause to believe are being committed in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony, for offenses committed within the National Forest System or which affect the administration of the National Forest System;; 1
1
 So in original.
(4)
serve warrants and other process issued by a court or officer of competent jurisdiction;
(5)
search with or without warrant or process any person, place, or conveyance according to Federal law or rule of law; and
(6)
seize with or without warrant or process any evidentiary item according to Federal law or rule of law.
(Pub. L. 99–570, title XV, § 15003, Oct. 27, 1986, 100 Stat. 3207–191; Pub. L. 100–690, title VI, § 6254(b), Nov. 18, 1988, 102 Stat. 4363.)
 
cite as: 16 USC 559c
 
© 2016 GovRegs | About | Disclaimer | Privacy
 

 

Rahul Dutta (Widlife Conservation)     22 June 2017

Dear Kapoor Madam,

I am here in this forum, to upgrade my knowledge, seek advise and in case possible also contribute to the knowledge base within my limited capacity.  I am certainly not here for any wild goose chase that you are suggesting me to.  If you had read my original post I have mentioned about the Wildlife (Protection) Act, 1972 and provisions thereoff.  My querry was based on THAT act.  It is an Indian Act.  I am sure you know that India is goverened by Indian Acts and not US Acts.

I am not sure and neither interested in knowing what powers US forest officials have but I am confident enough that Indian Forest Officials are adquately empowered to not only carry out investigations but to file their Complaints to the Magistrate and does not require any intervention from the Police whatsoever.

Please kindly avoid misdirecting ameture people like me and contribute when you have enough understanding of the matter which in this case is WPA, 1972 .

Regards

Rahul

 

Originally posted by : Ms.Usha Kapoor
Dear Rahul    Dutta,

Forestb  Officers have ppowers up to Arrest and investigaste only. Prosecution and punidshment regular police and courts will see.

Read the following:


U.S. Code
Regulations
Constitution
Apps


United States Code

USC most recently checked for updates: May 14, 2017

 
 

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