What is meant by ‘a person accused of any offence’ in accordance with Section 27 of the Evidence Act?
Ans. In order to bring a statement within the scope of Sec.27 the person making it must not only be in the custody of the police, but the statement must be of a person who was then an accused. The words information received from a “person accused of any offence” in Sec.27 cannot be read to mean that he must be an accused when he gives the information but would include a person if he became subsequently an accused person, at the time when that statement is sought to be received in evidence against him. Where the accused, under arrest for one offence, confessed to another offence as a result of which things were discovered, it was held that the confession was admissible under Sec.27 of the Evidence Act. [PUNJA MAVA V/S STATE OF GUJARAT – reported in AIR 1965 Guj.5]
