SIMULTANEOUS DISCLOSURE STATEMENTS NEED HIGHER SCRUTINY UNDER EVIDENCE ACT

by | Sep 23, 2025

 

SC clarifies scrutiny of simultaneous disclosure under Section 27 Evidence Act.

Supreme Court rules that simultaneous disclosure statements under Section 27 Evidence Act need strict scrutiny.

Case in News

The Supreme Court in Simultaneous Disclosure Statements Need Higher Scrutiny Under Evidence Act stressed stricter scrutiny for joint confessions under Section 27 .

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Case Overview

Case Name: Nagamma @ Nagarathna & Ors. vs. The State of Karnataka

On September 22, a bench comprising Justice KV Viswanathan and Justice K. Vinod Chandran delivered a crucial judgment interpreting Section 27 Evidence Act . The case involved the conviction of three individuals in the murder of a Karnataka police constable. The prosecution’s case relied on recovery of a murder weapon following simultaneous disclosure statements by two accused . However, the Court found the evidence unreliable and acquitted the accused .

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Key Aspects

The Court examined both factual inconsistencies and evidentiary lapses in the case . The key issues were :

  • Conviction was based on alleged simultaneous disclosure by A3 and A4 regarding the weapon .
  • Investigating Officer failed to clarify if disclosures were sequential or simultaneous.
  • Independent witnesses turned hostile and forensic links were missing .
  • Motive, recovery, and chain of circumstances remained incomplete, raising reasonable doubt .

Legal Insights

The Court analyzed the evidentiary admissibility under Section 27 Evidence Act :

  • Simultaneous disclosure is not per se inadmissible but requires strict judicial scrutiny .
  • Relied on Kishore Bhadke vs. State of Maharashtra (2017) 3 SCC 760 .
  • Confessions to police are inadmissible under Indian Evidence Act .
  • Burden lies on prosecution to prove disclosure was genuine, independent and corroborated .

Court’s Verdict

The Supreme Court set aside the conviction, holding recovery evidence from joint disclosure as “sketchy” and unreliable . It emphasized that simultaneous disclosure statements require higher scrutiny to rule out tutoring or coercion . The Court reiterated that suspicion cannot replace proof beyond reasonable doubt, thus acquitting the accused .

 

 

Source-Supreme Court of India 

Read alsoSection 27 Evidence Act

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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