Report No. 185
Recommendation:
In the light of the above discussion, we recommend that the words "Notwithstanding anything to the contrary contained in sections 24, 25 and 26" be placed at the beginning of section 27 and that thus the non-obstante clause should cover section 24 also and not merely section 25 and 26, as recommended in the 69th Report. The word 'or' is to be introduced as recommended in the 69th and 152nd Reports. The word 'such' and 'distinctively' be dropped.
In stead of 'so much of the information', the 'facts' discovered will be treated as admissible. A proviso is proposed to section 27 limited to making facts inadmissible if those facts were discovered from statements made under section 24 where the statements were the result of 'threats, coercion, violence or torture'. Facts discovered from statements made under section 24 by 'inducement or promise' and facts discovered from statements made under section 25 and 26, would also be admissible.
We propose section 27 should be substituted as follows:
"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."
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