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Q111 (CISF/2018) Polity & Governance › Governance, Policies & Social Justice

How much information received from an accused may be proved when the accused is in police custody ?

Explanation

According to Section 27 of the Indian Evidence Act, 1872 (now Section 23 of the Bharatiya Sakshya Adhiniyam, 2023), when any fact is discovered in consequence of information received from a person accused of any offence while in police custody, only so much of such information as relates distinctly to the fact thereby discovered may be proved.

This is a significant exception to the general rule (Sections 25 and 26) that confessions made to police officers or while in police custody are inadmissible. The rationale, often called the Doctrine of Confirmation by Subsequent Events, is that the discovery of a physical object (like a weapon, body, or stolen property) provides an objective guarantee of the truth of that specific portion of the statement. Information not directly resulting in the discovery remains inadmissible.

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SIMILAR QUESTIONS

CISF · 2022 · Q126 Relevance score: 2.17

When is a confessional statement by an accused to be proved against him in criminal proceedings ?
1. When it is made to a police officer
2. When it is made in the immediate presence of a Magistrate
3. When it is made to a respectable person of the locality where he resides
Select the correct answer using the code given below :

IAS · 2023 · Q77 Relevance score: -0.67

Consider the following statements : 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention. 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence. How many of the above statements are correct?

CDS-II · 2016 · Q70 Relevance score: -0.89

Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

CISF · 2026 · Q135 Relevance score: -1.36

In which of the following instances may a police officer arrest a person, without an order from the Magistrate and without a warrant ? 1. If a person has committed a cognizable offence in the presence of a police officer 2. A credible information has been received that a person has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years and the police officer is satisfied that arrest is necessary for proper investigation of offence 3. If a person is reasonably suspected of being a deserter from any of the Armed Forces of the Union Select the answer using the code given below :

IAS · 2021 · Q62 Relevance score: -2.36

With reference to India, consider the following statements : 1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail. 2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court. Which of the statements given above is/are correct?