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Report No. 152

11.3. Law Commission's recommendation (113th Report).-

After the judgment in State of Uttar Pradesh v. Ram Sagar Yadav, referred to in the preceding paragraph, the Law Commission of India, after a survey of the law, recommended the insertion of a new section in the Indian Evidence Act, 1872, as under:-

"114B. (1) In a prosecution of a Police Officer for an offence constituted by an act alleged to have caused bodily injury to a person, if there is evidence that the injury was caused during a period when that person was in the custody of the police, the court may presume that the injury was caused by the Police Officer having custody of that person during that period.

(2) The Court in deciding whether or not it should draw a presumption under sub-section (1) shall have recourse to all the relevant circumstances, including, in particular, (a) the period of custody, (b) any statement made by the victim as to how the injuries were received, being a statement admissible in evidence, (c) the evidence of any medical practitioner who might have examined the victim, and (d) evidence of any magistrate who might have recorded the victim's statement or attempted to record it."



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