Confessions made in Police Custody along with Landmark Case Analysis

  • Riya Ragini
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  • Riya Ragini

    Student at Symbiosis Law School, Pune, India

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Abstract

Confession to police not to be confirmed in regard to Section 25 of the Indian Evidence Act, 1872. Due to this, any confession made to the police by the perpetrator should not be regarded as confirming any offence against him. Similarly, Section 26 of the Indian Evidence Act, deals with the accused's confession, but it is not sufficient to prove that he is in police custody. It says that unless made before and against the judge, no confession made by any person in the custody of a police officer must be proved against that person. However it is possible to accept facts discovered subsequent to said confession in the road. In order to prevent undue police violence during the investigation of the perpetrator, all forms of confessions are deliberately and expressly omitted. The confession issued is extremely likely to be subject to influence and not voluntary. Whatever the type may be, actual, articulated, suggested or derived by actions, such a confession would be meaningless.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1515 - 1522

DOI: https://doij.org/10.10000/IJLMH.111450

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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