Whether the provision of Section 27 of the Evidence Act is most misused weapon in the hands of police? If yes, what is required to be done? Ans: Using force to compel statements leading to discovery is the root of…
Whether the provision of Section 27 of Evidence Act is constitutionally valid? Ans: In the case of JETHIYA V STATE – reported in AIR 1955 Raj 147, it has been held that this Section is not void under Art. 13(1)…
What is the evidentiary value of ‘Discovery’? Whether conviction can be based solely upon the evidence of ‘Discovery’? Ans: The evidence of discovery is always a question of fact and therefore, its appreciation always depends upon the facts and circumstances…
What is required to be proved from the Discovery Panchnama particularly when the Panch witnesses of such Panchnama turn hostile? Ans: The same question was dealt with by Hon’ble Gujarat High Court in case of RAMESHBHAI HAJABHAI CHACHIYA V STATE…
How much of information received from the accused, while in custody, may be proved? Ans: A confessional statement by an accused before a police officer cannot be proved against the accused according to Section-25 of the Evidence Act. A confessional…
When the confessional statement of the accused is admissible in the evidence? Ans: A confession or an admission is evidence against the maker of it, unless its admissibility is excluded by some provision of law. Section 24 of the Evidence…
Whether the fact which is already within the knowledge of Investigating Officer can be discovered from the accused on his arrest? Ans: It is well-known principle of law that ‘what is not covered cannot be discovered’. The word ‘discovery’ has…
Whether a joint statement made by several accused persons leading to the discovery is admissible in evidence? Ans: It has been clearly held by Hon’ble Apex Court in case of STATE (N C T OF DELHI) V/S NAVJOT SANDHU @…
What are the consequences if the ‘fact discovered’ is not in consonance with the information received from the accused? Ans: The discovery of a material object is of no relevancy to the question whether the accused is guilty of the…
What is meant by ‘facts discovered’ in accordance with Section 27 of the Evidence Act? Ans: The same question was raised before Hon’ble Apex Court in case of STATE (N C T OF DELHI) V/S NAVJOT SANDHU @ AFSAN GURU…