What is meant by ‘so much of such information, as relates distinctly to the fact discovered’ in accordance with Section 27 of the Evidence Act?
Ans: Confessional statements of accused are admissible under Section 27 only when and in so far as they lead to discovery. When accused had made an extra judicial confession to prosecution witness that he had buried dead body of his wife in nearby forest, FIR was lodged by prosecution witness at police station mentioning this fact, then subsequent confession by accused to police about burying dead body at particular place in forest would not be admissible in evidence since that fact had already been discovered prior to the lodging of FIR by prosecution witness. [RAM GOPAL V/S STATE OF M. P. -reported in 2000 (3) MP.L.J. 458]
Thus, exclusive knowledge of the accused as to fact which may be discovered, is important and essential. This exclusive knowledge of the accused must distinctly relate in both ingredients i.e. information and discovery.
In short, it can be said that… so much of information as relates distinctly to the fact discovered is admissible in evidence under Section-27 of the Evidence Act.
