“X” is accused to theft, during the police custody he indicated the place where the stolen goods were hidden and the police recovered those goods. Can this information can be used against A?

Facts of the Case

‘X’ is accused of committing theft. During police custody, he disclosed the location where the stolen goods were hidden. Acting upon this information, the police recovered the stolen property from the indicated place.

The prosecution seeks to rely on this disclosure to connect X with the theft, while the defence contends that information given in police custody cannot be used as evidence against X.

Issues in the Case

1. Whether information disclosed by X while in police custody can be used as evidence against him?
2. Whether such information amounts to a confession under Indian law?
3. What are the conditions under which statements made to police are admissible or inadmissible?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Confessions and the Indian Evidence Act, 1872

• Section 24: Confession made to a police officer is generally irrelevant and inadmissible if it is made while in police custody, as such confessions may be obtained under duress, coercion, or inducement.
• Section 25: No confession made to a police officer can be proved against a person accused of an offence, except in cases of a judicial proceeding.
• Section 26: Confession made while in police custody is inadmissible unless made before a Magistrate, ensuring voluntariness.

B. Exceptions – Discovery of Facts Leading to Evidence

• Even though a statement to police is inadmissible as a confession, if it leads to discovery of a fact or property, Section 27 applies:

If any fact is discovered in consequence of information given by an accused person while in police custody, such fact (e.g., location of stolen goods) may be proved, even though the statement itself is not admissible.

• Key Principle: Section 27 allows admissibility of the discovered evidence, but not the original statement made to the police.

C. Judicial Interpretation

1. Nandini Satpathy v. P.L. Dani – Confessions to police officers are inadmissible unless voluntary; police statements cannot be used directly.
2. State of Maharashtra v. Suresh – Evidence discovered as a consequence of the accused’s statement is admissible, even if the statement itself is inadmissible.
3. Courts distinguish between inadmissible confessions and admissible facts discovered.

D. Implications for the Present Case

• X’s statement to police cannot be used directly against him as a confession.
• However, the stolen goods recovered based on his information are admissible under Section 27.
• The recovered goods can be used as primary evidence connecting X to the theft, along with other corroborative evidence.

Possible Judgment

The Court is likely to hold that:

1. The statement made by X to the police indicating the location of the stolen goods is inadmissible as a confession under Sections 24–26 of the Indian Evidence Act, 1872.
2. The stolen goods recovered based on that information are admissible under Section 27, as they were discovered as a consequence of X’s information.
3. The recovered goods constitute direct evidence linking X to the theft and can be relied upon for conviction, provided other evidence also supports the charge.
4. The court must ensure that X was not subjected to coercion when giving information to police.

Final Decision

While X’s oral statement to the police is inadmissible, the stolen property recovered as a consequence of that statement is admissible under Section 27 of the Indian Evidence Act, 1872, and can be used to establish his involvement in the theft.

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