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Mohit Chaudhary   01 December 2023

About case close

a person accept a crime is his held by him even if the evidence are against another person then the case will close or not


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 December 2023

If the accused is admitting his charges, then the court will proceed against him as per law.

Sanskriti Tiwari   01 December 2023

In the Indian legal system, an admission of guilt by one person when evidence points to another individual's involvement can complicate the legal proceedings. If the accused confesses to a crime despite evidence indicating someone else's culpability, it doesn't automatically result in the case being closed. The legal process involves a thorough examination of all evidence, including the confession, to ascertain the truth.

Section 24 of the Indian Evidence Act, 1872, states that a confession made by an accused person is irrelevant in a criminal proceeding if it appears to the court to have been caused by inducement, threat, or promise. Furthermore, Section 164 of the Code of Criminal Procedure, 1973, details the procedure for recording confessions before a magistrate and ensures it's voluntary and credible.

In the landmark case of State of UP v. Deoman Upadhyaya (1960), the Supreme Court held that a confession must be voluntary and not obtained under duress, coercion, or inducement. If a confession is found to be involuntary, it loses its evidentiary value.

Therefore, even if a person accepts responsibility for a crime despite evidence pointing to another individual, the court won't automatically close the case. The judicial process considers all available evidence, examines the veracity of the confession, and ensures it aligns with legal standards of voluntariness. The court will weigh all evidence to determine guilt beyond a reasonable doubt, giving due consideration to the confession's authenticity and circumstances under which it was made.

P. Venu (Advocate)     01 December 2023

In the absence of facts as well the context, the posting is a riddle than a query.

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