incriminatory information from the accused ?
Shree.
(Querist) 21 September 2009
This query is : Resolved
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?riven
PALNITKAR V.V.
(Expert) 21 September 2009
Not always. What is important is that the accused can not be compelled to give evidence against himself against his wish.riven
Raj Kumar Makkad
(Expert) 21 September 2009
If any disclosure has been made by accused wilfully in the police custody that is admissible even against him subject to its authenticity and if made in the presence of beyond any reasonable doubt witness and the same doesn't violate Art. 20 (3) of Indian Constitution.riven
Bhumik Dave
(Expert) 22 September 2009
Well described by Mr. Rajriven
PARTHA P BORBORA
(Expert) 22 September 2009
NO PERSON CAN BE COMPELLED TO GIVE EVIDENCE AGAINST HIMSELF. MOREOVER ANY STATEMENT RECORDED BY POLICE IS NOT ADMISSIBLE AS EVIDENCE. BUT IF THE ACCUSED WILLINGLY CONFESS HIS GUILTY AND HIS STATEMENT IS RECORDED BY A MAGISTRATE AS PER THE SECTION 164 CR.P.C, IS ADMISSIBLE CR EVIDENCE AND CAN BE USED AGAINST THE ACCUSED.riven
Sachin Bhatia
(Expert) 08 October 2009
If the statement has been made by accused wilfully in the police custody that is admissible even against him, the accused can not be compelled to give evidence against himself .
