CRIME ACCEPTED DURING POLICE INVESTIGATION AND BEFORE COURT PROCEEDINGS .
amitkaur
(Querist) 27 November 2008
This query is : Resolved
IF ANY PERSON CHARGED WITH MURDER ACCEPTS DURING POLICE INVESTIGATION THAT HE HAS MURDERED .THEN ,IS THAT CONSENT (THEORY OF POLICE ACCEPTED BY THAT PERSON ) IS TAKEN AGANIST HIM S A EVIDENCE AND HE IS CONVICTED OR NOT .
smilingadvocate
(Expert) 28 November 2008
It is called as confession before the police officer, as per the evidence act no confession given to an a police officer is admissable in evidence except under section 27 only to an extent where any incriminating evidence or material is discovered under the confession to the extent of that discovery of the incriminating evidence will be consdiered and used against him in the trial. and other evidence is useless and basing on the said confesion no conviction is allowed.
K.C.Suresh
(Expert) 28 November 2008
No. That is not an evidence except what is in S.27 of the Indian Evidence Act. If convicted solely on self incrimnating evidence it is not legal.
anonymus
(Expert) 28 November 2008
I fully agree with Mr. Suresh and "Smiling advocate".
A. A. JOSE
(Expert) 28 November 2008
There can be no opinion other than what have been rightly stated herein above please.
Rajan Salvi
(Expert) 28 November 2008
If he reiterates what he has said to the police in his statement u/s 313 of Criminal Procedure Code - then he is cooked. Even in appeal nothing can be done.
