Whether Discovery made in Consequence of Information Received from an Accused after the Grant of Bail/Anticipatory Bail is Admissible in Evidence under Section 27 of Indian Evidence Act, 1872
By
Bhawani Singh
The precise subject-matter of this writ-up is to know and understand as to whether the provisions of Section 27 of the Indian Evidence Act, 1872 (Act No. 1 of 1872) are applicable to the discovery of a fact in consequence of information received from a person accused of any offence after he has either been granted anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 or bail under other provisions of the Code by any court of law keeping in view the fact that Section 27 of the Indian Evidence Act refers to custody of the person by a police officer at a time when the fact stated by the accused leads to the discovery in question.
For the purpose of understanding the, content, scope and meaning of this Section, it is necessary to look into the history as to how this Section came to be enacted in the present Code and the study shows that this provision was originally found in Section 150 of Code of Criminal Procedure, 1861 (Act No. XXV of 1861) which read as ....