Can obtaining any incriminatory information from the accused while he is in police custody be termed as compulsive testimony and does that violate the provisions of Article 20(3) of the constitution of the India?
Shree. ( Advocate.) 21 September 2009
Can obtaining any incriminatory information from the accused while he is in police custody be termed as compulsive testimony and does that violate the provisions of Article 20(3) of the constitution of the India?
PRAVEEN CHOUDHARY (SERVICE) 22 September 2009
we have various laws which protects the accused. if we talking about ARTICLE20(3) IT WILL APPLICABLE TO ACCUSED ONLY. ANY INFROMATION WHICH IS TAKEN FROM ACCUSED BY COMPULSION THEN IT IS NOT ADMISSIBLE AND HIT BY ARTICLE 20(3).
IF ACCUSSED GIVE THE INFORMATION WHICH IS INCRIMINATION HIM IN CRMINAL CASE WITHOUT ANY COMPULSION THEN IT IS NOT HIT BY ARTICLE 20(3) OF THE CONSTITUTION. SECTION 25 AND 26 OF THE EVIDENCE ACT INADMISSIBLE OF ANY INFROMATION WHICH IS TAKEN UNDER POLICE CUSTODY. BUT SEC 27 LIFT THE BAN IMPOSED BY SEC 25 AND 26. SECTION 27 ANY INFORMATION WHICH IS DIRECTLY RELATED TO THE FACT THEREBY DISCOVERED. THIS INFORMATION WILL HELP IN THE INVESTIGATION ONLY.
CONCEPT IS THAT ANY INFORMATION WHICH IS GIVEN BY ACCUSED UNDER COMPULSION IS NOT ADMISSIBLE.
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