What are the main ingredients of the provision of Section 27 of the Evidence Act?
Ans: The provision of Section 27 of the Evidence Act reads as under:
“Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.”
On dissection of the aforesaid provision, we find following main ingredients.
(i) an information by accused in custody to a police officer.
(ii) such information leading to discovery of fact.
(iii) such discovery distinctly relates to an information as stated in Point-(ii).
(iv) so much of such information as stated in Point-(iii) may be allowed to be proved whether it amounts to confession or not.