Under what circumstances, a statement made by an accused before a police officer can be used in evidence? An accused, while in police custody, gives information to the Investigating Officer that…

Question: Under what circumstances, a statement made by an accused before a police officer can be used in evidence? An accused, while in police custody, gives information to the Investigating Officer that he purchased the murder weapon from a particular dealer, and then takes the Investigating Officer and the witnesses to the place of the dealer and points him out.

Whether the information was given by the accused and the evidence of the Investigating Officer and witnesses are admissible? Answer referring to relevant provisions of the Evidence Act. [U.P.C.J. 1985, 1991, Bihar C.J. 1991, 2000, U.P.H.J.S 2012]

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Answer

Section 27 of the Indian Evidence Act talks about information received from an accused person. It says that “when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.”

It was pointed out by Straight C. J. in the case of Babu Lal, ILR 6 All 509 that “Section 27 was not intended to let in a confession generally, but only such particular part of it as set the person to whom it was made in motion and led to his ascertaining the fact or facts of which he gives evidence.”

This section is based on the principle that the confession of the accused is supported by the discovery of facts, then the confession will be deemed to be done voluntarily and not extracted under pressure. However, this rule is applicable only in certain circumstances they are:

1. If certain facts are deposed to as discovered in consequence of information received from the accused person, in the custody of a police officer; and
2. If the information disclosed relates distinctly to the facts discovered.

The main purpose of excluding confessions made to the police is that there remains a possibility that false confessions are made due to pressure from the police. But if the confession is corroborated by the discovery of the facts that are being confessed then the whole purpose of disbelieving the confession made under police custody is destroyed. This was observed in the case of Bulaqi v. The Crown [ILR (1928) 9 Lah 671, 675].

This acts as an exception to Section 26. To certify the genuineness of the recoveries, they should be made in presence of witnesses. In Mohan Lal v. Ajit Singh (AIR 1978 SC 1183), the accused, on arrest, indicated where he had kept the stolen goods and the same were found within six days. The court held that his liability can be inferred from the statement and was held liable for murder and robbery.

Therefore, in the present case at hand, when accused, while in police custody, gives information to the Investigating Officer that he purchased the murder weapon from a particular dealer, and then takes the officer to the place of the dealer and points him out, the information given by the accused and the evidence of the Investigating Officer and witnesses are admissible as per section 27.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X