Question

Confessions made in police custody cannot be used as evidence against the accused. Explain with suitable arguments.

Answer 1

Answer:

they are very strict

they are very brave

Answer 2

Answer:

Under the Evidence Act, a confession made to a police officer under no circumstance is admissible in evidence against the accused.

According to the Supreme Court, Section 25 of the Evidence Act was enacted to eliminate from consideration confessions made to an officer who, by virtue of his position could extort by force, torture of inducement a confession.

However, a part of the confession statement that can be read against the accused is the one permissible under Section 27 of the Act.

The Apex Court has clearly opined that the purpose of restriction imposed under Section 25 of the Act on admissibility of confessional statement made to a police officer is two-fold -- to protect the person accused of a crime for third-degree treatment and to ensure a proper and scientific investigation of the crime with a view to bring the real culprit to book.