Giving Third Degree Treatment For Extracting Confession 'Worst Crime': Patna High Court Directs Bihar DGP To 'Set House Right'

"Giving third-degree treatment to the apprehended accused and that too for extracting confession is the worst crime in a civilized society which can be committed by a Police officer," said Patna High Court recently as it observed that the Judiciary is witnessing a large number of custodial deaths caused by men in uniform.

The Bench of Justice A. M. Bidar further expressed hope that the Director-General of Police, Bihar State shall take necessary cognizance of the order of the court to set his house right.

Essentially, these observations came from the bench while dealing with a bail application of a person who had been named as an accused by the police in a case of alleged seizure of 835 litres of illicit liquor.

Perusing the FIR registered in the matter, the Court noted that the Station House Officer had claimed that he had effected the raid on the basis of secret information and apprehended the main accused, one Rajan Singh from the spot of the incident and from his premises, 835 liters of illicit liquor came to be seized.

It was further claimed in the FIR [registered under Sections 30(a) as well as 41 of the Bihar Prohibition and Excise Act, 2016.] that the main accused, Rajan Singh was subjected to third-degree treatment and strict interrogation was made by using force.

Significantly, recitals in the FIR lodged by the Police Officer showed that the main accused Rajan Singh was subjected to torture, not while apprehending him but after taking his custody.

In this regard, calling it a matter of serious concern which requires cognizance by none else than the Director-General of Police, Bihar State in the light of observations of the Hon'ble Supreme Court in a catena of Judgment, the Court observed thus:

"The FIR, in this case, shows that after using full force, confession of main accused, Rajan Singh @ Rajan Kumar Singh, son of Ramanand Sing came to be extracted by this first informant Prashant Kumar Station House Officer, who has audacity to narrate the same in the FIR itself...It is clear that first informant Mr. Prashant Kumar, Station House Officer is oblivious to the position of law in this regard. Sections 24, 25 and 26 of the Evidence Act makes it clear that confession by an accused to police is of no consequence and it cannot even be looked out by the Court."

Against this backdrop, the Court, after noting that there was nothing against the present bail applicant (co-accused in the matter) except for the confession extracted by way of the use of force, granted him bail.

The Court also ordered that the copy of the order be sent to the Director-General of Police, Bihar State, Patna as well as the jurisdictional Superintendent of Police with a direction that they should send the report of the action taken in the matter to this Court directly.

Case title - Sanjay Singh v. State of Bihar 

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