What is Section 27 of the Indian Evidence Act?

CalendarToday
timer
1 min read
What is Section 27 of the Indian Evidence Act? Blog Image

Overview:

The Supreme Court recently held that for admissibility under Section 27 of the Evidence Act, the fact discovered must be a direct consequence of information received from a person in custody.

About Section 27 of the Indian Evidence Act

  • Section 27 of the Evidence Act highlights an interesting and complex feature related to the admission of confessions within its legal framework.
  • Sections 25 and 26 establish protection against self-incrimination and abuse of power by the police authority, deeming confessions made in police custody without the presence of a magistrate as inadmissible before a court of law.
  • Section 27 adds an exception by enabling the admission of confessions that result in the discovery of facts. 
  • Section 27 states: "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."
  • In simpler terms, any confession made by a person while in police custody that leads to the revelation of a fact is considered admissible in court.
  • The basic idea embedded in Section 27 of the Evidence Act is the doctrine of confirmation by subsequent events. This doctrine is founded on the principle that every part of the statement made at the instance of the accused, in a police custody should necessarily be confirmed by the subsequent events of discovery, to make it admissible in court. 
  • In the case of Asar Mohd. v. State of U.P, the Supreme Court held that the concept of "fact" mentioned in Section 27 is not limited to physical objects alone but also includes essential psychological or mental facts that may be directly relevant to the case.

Q1) What is meant by self-incrimination?

Self-incrimination is when someone provides information that suggests their involvement in a crime or exposes them to criminal prosecution.Self-incrimination can occur in various situations, such as during police interrogations, court testimonies, or other legal proceedings.

Source: Section 27 Evidence Act | Recovery Of A Weapon From An Open Place Accessible To All Not Reliable : Supreme Court