Category: Evidence Act 1872

Ramesh Dasu Chauhan and Another Vs. State of Maharashtra-04/07/19

Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate presence of a Magistrate, can be proved against him in view of embargo created by Sections 25 and 26 of the Evidence Act. Section 27 of the Act nevertheless carves out an exception as it provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence while he is in police custody, “so much of such information”, regardless of it being a confession or not, may be proved, if it relates distinctly to the fact thereby discovered.

Chance witness

On scrutiny of the below decisions, we find that the Hon’ble Apex Court has specifically observed that presence of witness was doubtful and no reliance can be placed on such chance witness.

Glossary Indian Evidence Act

VOCABULARY WATCH ACCOMPLICE ADMISSIBILITY ADMISSION AFFIDAVIT ALIBI APPRECIATION OF EVIDENCE APPROVER ATTESTING WITNESS BENEFIT OF DOUBT BEST EVIDENCE BURDEN OF PROOF CERTIFIED COPY CHANCE WITNESS CHARACTER ASSASSINATION CIRCUMSTANTIAL EVIDENCE COMPETENT CONCLUSIVE CONDUCT […]