In which one of the following cases did an eleven-Judge Bench of the Supreme Court hold that admitting…
In State of Bombay v. Kathi Kalu Oghad (1961), an eleven-Judge Constitution Bench of the Supreme Court examined the scope of Article 20(3) of the Constitution of India and…
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In which one of the following cases did an eleven-Judge Bench of the Supreme Court hold that admitting information received from an accused in police custody leading to the discovery of a fact (under the custodial discovery rule now embodied in the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023) does not violate Article 20(3) of the Constitution of India unless compulsion was used to obtain the information?
Answer and explanation
Correct answer B
In State of Bombay v. Kathi Kalu Oghad (1961), an eleven-Judge Constitution Bench of the Supreme Court examined the scope of Article 20(3) of the Constitution of India and upheld the constitutional validity of the custodial discovery provision (now the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023; formerly Section 27 of the Indian Evidence Act, 1872), holding that unless compulsion is used to obtain the information, admission of information leading to discovery does not infringe the guarantee against testimonial compulsion because mere police custody does not by itself establish compulsion. State of U.P. v. Deoman Upadhyaya (1960) decided the challenge under Article 14 of the Constitution.
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