Interpretation of Section 27 of the Indian Evidence Act
Section 27 of the Indian Evidence Act, 1872 deals with the prohibition of evidence obtained by inducement, threat, or promise.
It is important for preventing the use of coerced or tainted evidence in legal proceedings.
Here is an interpretation of Section 27:
Provided that no confession made to a police officer shall be proved as against a person accused of any offence.
Interpretation of Section 27
The central theme of Section 27 is to prohibit the use of confessions made to police officers as evidence against a person accused.
This prohibition is essential to prevent abuse of power, coercion, and potential abuse of the accused's rights during police interrogations.
The section specifically pertains to "confessions," which are admissions or statements made by the accused acknowledging their guilt or involvement in a crime.
This is an exclusionary rule, which means that any confession made to a police officer, regardless of its accuracy or voluntariness, cannot be used in court as evidence against the accused.
It's important to note that the prohibition is limited to confessions made to police officers. Confessions made to individuals other than police officers,are not covered by this prohibition.
Section 27 is in place to protect the rights of the accused.
In summary, Section 27 of the Indian Evidence Act is a crucial provision that prevents the use of confessions obtained by police officers through coercion or inducement as evidence against the accused.
What is Custody ?
Police custody is the situation where a person is detained by the police for questioning.
The police have the power to arrest a person without a warrant if they have reasonable grounds on crime.
Custody person have the rights, including to remain silent and the right to have a lawyer present during questioning.
The police are also required to produce the person before a magistrate within 24 hours of arrest.
The period of time that a person can be held in police custody is limited.
In India, (Cr.P.C.). Section 41 of the states that a police officer can arrest a person without a warrant if they have reasonable grounds Section 50 of the Cr.P.C. states that a person arrested without a warrant must be produced before a magistrate within 24 hours of arrest.
Judicial custody is the situation where a person is detained in jail by order of a magistrate.
Police custody is the situation where a person is detained in a police station.
The maximum period of time that a person can be held in police custody is 15 days.
However, the magistrate can extend this period to 90 days .
If a person is not charged with a crime within the period of their detention, they must be released.
Judgement on Different cases
Nisar Ali vs. The State of U.P. (1957)
SC held that a confession made to a police officer, even if it's true, is inadmissible as evidence against the accused. This decision emphasizes the strict prohibition on the use of confessions made to police officers in court.
Raja Ram vs. State of Rajasthan (1972):
SC clarified that the prohibition under Section 27 applies not only to confessions made during formal custody but also to confessions made while the accused is in the custody of the police even before the formal arrest.
Judgement on Different cases
Ram Saran vs. State of U.P. (1988)
This case reaffirmed the principle that the prohibition in Section 27 is absolute. It doesn't matter whether the confession is true or not; it cannot be used as evidence if it was made to a police officer.
State of Uttar Pradesh vs. Deoman Upadhyaya (1960):
This case further emphasized the importance of voluntariness in confessions. Even if a confession is made to a police officer and subsequently recorded by a magistrate, it will still be inadmissible if it is found to be not made voluntarily.
Judgement on Different cases
State of H.P. vs. Jeet Singh (1999)
SC ruled that Section 27 only deals with confessions made to police officers, and it doesn't prohibit the admissibility of other evidence that may be discovered as a result of such a confession.
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