Headline
The Supreme Court held that Disclosure Under Section 27 of Evidence Act Invalid if Fact Already Known to Police officials.
Summary
The Supreme Court of India held that a disclosure made by an accused under Section 27 of the Indian Evidence Act,1872 is not admissible if the fact was already within knowledge of the police.This ruling of Supreme Court was made while overturning a conviction of murder in the Allarakha Habib Memon case.(Currently it is under Section 23 of Bharatiya Sakshya Adhiniyam,2023)
Key Facts
- Case title-Allarakha Habib Memon v. State of Gujarat
- Name of Justices-Justices BR Gavai and Sandeep Mehta
- The judges overturned a conviction of murder.
- The Court held that the accused’s disclosure of information about the crime scene was not admissible because it was already known to the police officials.
- It shows the importance of the investigating officer’s testimony during the process of investigation relating to the accused’s statements.
Legal Insights
Certain disclosures of information by the accused is considered admissible under Section 27 of the Indian Evidence Act,1872.The Court said that these disclosures must reveal the discovery of new facts. Investigating officer failure to describe the conversation with the offender and safety of evidence in the custody,rendered the evidence and FSL reports insignificant.
Impact
The importance of proper procedures to be followed in dealing with disclosure of information and evidence in criminal investigations. It also clarified the point that Section 27 of IEA,1872 disclosures are only relevant only when they reveal the discovery of new fact.
Why It Matters
It matters because it helps in ensuring the need for accurate and thorough investigative practices, so that the rights of the accused are protected and convictions are based on reliable evidence.
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