LEGAL PRINCIPLE : No confession made to a Police Officer, shall be proved as against a person accused…
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 25 of the Indian Evidence Act) bars proof of any confession made to a police officer against the…
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LEGAL PRINCIPLE : No confession made to a Police Officer, shall be proved as against a person accused of any offence. FACTUAL SITUATION : Thanu was accused of having murdered Vinu over a property dispute. After arrest, Thanu made a confession to the Inspector that she had in fact murdered Vinu. The confessional statement of Thanu was written on a paper and Thanu signed the same. The police carried on further investigation but were not able to find any other evidence to produce before the court. Can the confessional statement signed by Thanu be proved in court ?
Answer and explanation
Correct answer A
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 25 of the Indian Evidence Act) bars proof of any confession made to a police officer against the accused, regardless of whether it was reduced to writing and signed or whether other evidence exists: "No, such a confessional statement cannot be proved since the confession was made to a Police Officer."
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