“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]

Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from the Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. Is the recovery evidence admissible? Ans. Yes. Such a confession is not liable to be excluded merely on the ground that it was obtained under an illegal order of remand. (Vide State v....

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

MCQs based on Current SC Judgments- September 2023 21. As far as the comparison between ocular evidence and the opinion of medical experts goes, which statement is correct in this regard?a) Medical expert opinions should always take precedence over eyewitness accounts.b) Ocular evidence should be considered only if it matches the medical expert opinions.c) Ocular evidence holds...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]

Q.51 The culprit husband who is subsequently made an accused voluntarily goes to the police station soon after committing brutal murder of his wife and tells the Sub Inspector who is the SHO that he butchered his wife to death and reveals the place where he has concealed the chopper. The Head Constable is sent to the place mentioned by the person. The Head Constable finds the chopper...

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-1

MCQs based on Current SC Judgments- September 20231. Recently, in Zunaid v. State of UP 2023 LiveLaw (SC) 730, what power did the Supreme Court affirm regarding the Magistrate's authority after receiving the final police report under Section 173 CrPC?a) The Magistrate must accept the final report without any discretion.b) The Magistrate can only order a reinvestigation.c) The Magistrate...

The Art Of Writing Judgments [Part-II]

Criminal CasesThe general framework of a judgment in a criminal case is substantially similar to a civil case. The judgment must contain (i) the facts asserted by the prosecution and by the accused; (ii) the point or points for determination; and (iii) the decision on the points, with reasons therefor. The judgment in a criminal case must also set out the offence and the section of the...

The Law On Remission

In a significant verdict, the Supreme Court in the case Bilkis Yakub Rasool v. Union of India (“Bilkis Bano Case”), has quashed the order of the Gujarat Government granting 'remission' to the 11 persons, who were convicted for committing rape on Bilkis Bano during 2002 Gujarat Riots. The Court has held that the exercise of power by the State of Gujarat is an instance of usurpation and...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-X]

Q.46 A weapon is recovered on the basis of the statement made by the accused during the investigation of another case. Whether it is admissible under Section 27?Ans. Yes. (See – • State of Rajasthan v. Bhup Singh – 1997 (10) SCC 675 - A. S. Anand, K. T. Thomas – JJ ; • Para 37 of Mohan Lal v. State of Rajasthan (2015) 6 SCC 222 = AIR 2015 SC 2098 - Dipak Misra, S. A. Bobde...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IX]

Q.41 The accused in a murder case when arrested by the police makes the following statement:- “That knife is concealed beneath the tiles of the cowshed of my neighbor Antony. If I am taken there I can take out the same and produce before you” Does not the above statement contain the element of criminality tending to connect the accused with the crime ? Ans. No. The...

Supreme Court Summarises Factors For Deciding Remission Applications

On Monday, the Supreme Court not only set aside the remission of 11 convicts in the Bilkis Bano case but also provided detailed guidelines for considering remission applications. The top court highlighted key factors that must be taken into account, offering an illuminating roadmap for evaluating such pleas under the Code of Criminal Procedure.This verdict was handed out by a bench of Justices...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VIII]

Q.36 Whether an “extra-judicial confession” made by the accused to TV and press reporters in an interview arranged by the police while the accused was in the immediate presence of the police or in police custody, is admissible? Ans. No, such “extra-judicial confession” will be hit by Section 26 of the Evidence Act. If the statement was made to a police officer, it will...

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

The Supreme Court (on January 03), in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. While doing so, the bench of Justices Sanjiv Khanna and S.V.N. Bhatti relied upon Mohmed Inayatullah v. State of Maharashtra., (1976) 1 SCC 828. The first condition is the discovery of a fact. This fact should be...

Major Changes Introduced by Bharatiya Nyaya Sanhita

Recently, the Bharatiya Nyaya (Second) Sanhita (BNS) has received Presidential assent, and it will replace the 163-year-old Indian Penal Code. However, the Central government is yet to notify the date of enforcement.In Rajya Sabha, the three bills ( Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, to replace the Code of Criminal Procedure, and the...