Confession by the accused while in the custody of police | A makes a statement to a police officer that he has killed B in self-defence. However, he was prosecuted under Section 302 of I.P.C’…. Is the statement made by A to the police officer relevant in his favour?

Question: Confession by the accused while in the custody of police | A makes a statement to a police officer that he has killed B in self-defence. However, he was prosecuted under Section 302 of I.P.C’. The court also conducted the trial to consider the evidence whether his case comes within the ambit of self-defence (Right of private defence) or not.

During the trial, A wants to prove this statement in his favour. Is the statement made by A to the police officer relevant in his favour?

Find the answer to the mains question only on Legal Bites. Confession by the accused while in the custody of police | [A makes a statement to a police officer that he has killed B in self-defence. However, he was prosecuted under Section 302 of I.P.C’…. Is the statement made by A to the police officer relevant in his favour?]

Answer

Section 25 talks about that confession by the accused while in the custody of police not to be proved against him. This section prohibits only the use of a confession against the accused (i.e. in support of prosecution), but not when it is used for the accuser’s favour (as self-defence).

Though the statements to police made by the confessing accused cannot be used in evidence against the accused, the accused of the offence can himself rely on those statements in his defence.

For instance: the statement of the accused in FIR that he killed his wife giving her a fatal blow when some tangible proof of her indiscretion was available was not usable against him to establish his guilt. But once his guilt was established through other evidence, he was permitted to rely upon his statement so as to show that he was acting under grave and sudden provocation. There is nothing in Evidence Act that precludes an accused person from relying upon his own confessional statements for his own purposes.

Therefore, in the present case at hand, the statement made by the A accused to a police officer that he has killed B in self-defence can be used by the accused to prove his statement in his favour.

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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