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Report No. 185

Section 27

We agree with the 69th and 152nd Reports that the relevancy of information relating to facts discovered should cover statements to police officers made by those in custody or not. Thus, the word 'or' has to be restored. That would mean that section 27 will cover the statement made under section 25 to a police officer while the person is not in custody.

We, differ from the proposal in the 69th Report to exclude information relating to discoveries in the case of confessions falling under section 24.

In order to avoid the police authorities in using section 27 indirectly violating section 25 and section 26, it will, in our opinion be advisable to confine section 27 to the 'facts' discovered as stated in the 152nd Report of the Commission.

We propose the following section 27 in the place of the existing section 27:

"27. Discovery of facts at the instance of the accused.- Notwithstanding anything to the contrary contained in sections 24 to 26, when any relevant fact is deposed to as discovered in consequence of information received from a person accused of any offence, whether or not such person is in the custody of a police officer, the fact so discovered may be proved, but not the information, whether it amounts to a confession or not:

Provided that facts so discovered by using any threat, coercion, violence or torture shall not be provable."

Review of the Indian Evidence Act, 1872 Back

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