Extra Judicial Confession – Relevancy and Admissibility: A Study
By
Prof. (Dr.) Mukund Sarda
Published In
AIR 2018 (Online)
The relevancy and admissibility of extra-judicial confession and discovery of facts are governed by Section 24 and Sec 27 of the Indian Evidence Act.1 Sec 24 deals with the admissibility of confession made to a person in authority other than a judicial authority and the conditions stipulated for their admissibility. Sec 27 of the Indian Evidence Act relates to the admissibility of fact discovered as a consequence of information given, while the accused is in Police custody.
In an earliest case,2 the privy council dealt with the essentials of Sec 27 of the Indian Evidence Act and pointed out thus:-
The fact of which evidence is sought to be given must be relevant to the issue. The relevancy of the fact discovered must be established according to the prescriptions relating to relevancy of other evidence connecting it with the crime in ....