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Confessional Statement Under Railway Property (Unlawful Possession) Act and Article 20 (3)

By Binod Mohan Prasad

Published In

CrLj 1981

Recently a Bench of the Supreme Court has rendered a decision on the admissibility of Confessional statements made by accused in cases under the Railway Property (Unlawful Possession) Act, 1966 in Balkishan A. Debidayal v. State of Maharashtra, AIR 1981 SC 379: 1980 Cri LJ 1424. Their Lordships of the Supreme Court ruled that confessional or incriminating statement made to an officer of the Railway Protection Force does not come within the constitutional inhibition against "compelled testimony" imposed by Article 20 (3) of the Constitution.  The main contention advanced on behalf of the State was that a prosecution under the Railway Property (Unlawful Possession) Act was instituted upon a complaint after the completion of enquiry by the R. P. F. Officer, as contemplated under Section 8 of the Act. Since there is no F. I. R. and no formal accusation against the maker of the confessional statement at the relevant time, he does not come under the category of a pe ....

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