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“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VI]
Q.26 Whether a “confession” made while in “police custody” is admissible in evidence and is there any exception ? Ans. No. A mere confession made by an accused person to a police officer cannot be proved against such accused person in view of the bar under Section 25 of the Evidence Act. Likewise, a confession made while in the custody of a police officer also cannot be...
Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-1
MCQs based on Current SC Judgments- October 20231. In which case did the Supreme Court rule that mere non-cooperation with summons issued under Section 50 of the PMLA Act 2002 is not sufficient to warrant arrest?A. Pankaj Bansal v. Union of IndiaB. Sanjana Kumari v. Vijay KumarC. State Bank of India & Ors v. P ZandengaD. South Eastern Coalfields Ltd v. State of MPAnswer: A. Pankaj Bansal...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-V]
Q.21 At the time of his arrest the accused was seen wearing the same blood stained shirt which he was wearing 2 or 3 days ago when the murder was committed. The defence argues that it was unlikely that the accused would continue to wear the same shirt. Whether the defence argument can be accepted in all cases ?. Ans. No, especially if the bloodstain had become dull....
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IV]
Q.16 The “disclosure statement” of the accused admitted in evidence contains inculpatory portions also. Is it permissible for the Court to separate and exclude the inculpatory portion from the admissible portion of the statement ? Ans. Yes. (Vide Para 16 of Pulukuri Kotayya AIR 1947 PC 67; paras 14 and 15 of Mohmed Inayatullah v. State of Maharashtra AIR 1976 SC 483 = (1976)...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-III]
Q.6 Since the words used in Section 27 are “a person accused of an offence” should there not be a formal accusation against the person in the form of registering an FIR against him?. Ans. No. The words “person accused of an offence” occurring in Section 27 of the Evidence Act are only descriptive of his status and it is enough that after the disclosure statement is recorded,...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-II]
Q.11 Whether a statement by the accused that the weapon discovered was (“the weapon with which he committed murder”), will fall under Section 27 which contains the words “whether it amounts to a confession or not” ?. Ans. No. The bracketed portion of the statement is not admissible in evidence. In para 10 of Pulukuri Kottaya v. Emperor AIR 1947 PC 67 – Sir John Beaumont,...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-I]
I N T R O D U C T I O N Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26 of the Evidence Act. Section 25 prohibits proof of “confession” made directly to a “police officer” by an accused person. Section 26 interdicts proof of a “confession” made by an accused person while he is in the custody of...
Section 313 CrPC | 'Right To Remain Silent Not Be Used Against Accused' : Supreme Court Summarises 12 Principles
Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr.P.C).Citing extensive thread of precedents, the Top Court penned down the...
Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, recently affirmed the conviction of 9 accused persons of the crime committed by them back in 1988. It may be relevant to point out that the bail was granted to the accused persons by the Supreme Court in the year 2012 and thus, now they have been directed by the Top Court to surrender...
Criminal Liability Of Transferee Company For Acts Of Transferor Company After Amalgamation : Supreme Court Explains
The Supreme Court recently(11 Sep) emphasized that a company's criminal responsibility is recognized when it can be attributed to the actions of individual employees, directors, or officials. This approach aligns with previous legal precedents, including cases such as Tesco, Meridian Global Funds, Standard Chartered Bank, and Iridium, where corporate criminal liability was recognized based...
Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings
Appointment and RTI mattersSupreme CourtAppointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was VagueThe Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw (SC) 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or...
Principles For Issuing Writ Of Certiorari Under Article 226 : Supreme Court Summarises
In a recent legal development, the Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice J.B. Pardiwala summarised the cardinal principles governing the exercise of extraordinary jurisdiction under Article 226 of the Constitution, particularly concerning the issuance of a writ of certiorari.The judgment in this case Central Council for Research in Ayurvedic Sciences...