Report No. 69
VI. Other Points
11.55A. Section.-"so much of such information".-
A few other points arising out of the section may now be dealt with. The words "so much of such information" in section 27 occasionally present problems of application. But the principle underlying those words is clear enough. The words "relates" and "distinctly", which occur in the section, avoid undue vagueness. No verbal formula will, so far as can be seen, succeed in improving the position in this regard.
11.56. Section 27-to be excluded for confessions made to high police officers.-
It was pointed out in the 14th Report of the Law Commission that, consequential on the recommendation made in that Report to admit confessions made to superior police officers in the presidency towns and other specified local areas, there will be no room for the application of the exception em-bodied in section 27 in such cases. The recommendation in that Report was to exclude such cases, i.e. confessions to senior police officers, in the specified areas.
11.57. Recommendation to modify section 27 in consequence of recommendation regarding confessions to high police officers.-
We are now recommending a different section1 for admitting confessions made to certain police officers. Geographically, our scheme has a wider application than that recommended in the 14th Report, inasmuch as the amendment will not be confined to specified areas. But our proposal visualises certain other requirements, relating to the right to consult a lawyer and, in some situations, his presence at the time when the confession is recorded by the police officer.
Where those requirements are complied with, the confessions will become admissible irrespective of section 27. But, where those requirements are not complied with, the confession made to a police officer or while in police custody will not become admissible, and the present bar under sections 25--26 will continue to apply. To override that bar, section 27 will be needed. We do not, therefore, propose to modify section 27 in this regard.
11.58. In the light of the above discussion, we recommend that section 27 should be revised as follows:
Revised section 27
"27. Notwithstanding anything to the contrary contained in sections 25 and 26, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, being information given to a police officer or given whilst such person is in the custody of a police officer, so much of such information whether it amounts to a confession or not, and relates distinctly to the fact thereby discovered, may be proved."
11.59. Section 28.-
According to section 28, if such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it is relevant.
1. See section 26A (proposed).
11.60. Recommendation to renumber section 28 as section 24A.-
This section, thus, forms an exception to the law laid down in section 24.1-2 Since section 28 is a qualification of section 24, its proper position in the Act should have been immediately after that section. We, therefore, recommend that section 28 should be renumbered as section 24A and placed after section 24.
1. Empress of India v. Pancham, ILR 4 All 198 (201) (per Stuart, C.J.).
2. See also Queen Empress v. Babu Lal, ILR 6 All 509 (539) (per Mahmood, J.).