Facts of the Case
‘X’ is charged with the offence of theft. During the course of police investigation, X makes a statement to the police admitting that he committed the theft. Further, X leads the police to a particular place and points out the spot where the stolen property was concealed, following which the police recover the stolen articles.
The prosecution seeks to prove X’s statement and the consequent recovery against him during the trial.
Issues in the Case
- Whether a confession made by X to the police is admissible in evidence against him?
- Whether any part of the statement leading to recovery of stolen property can be proved?
- Which provisions of the Indian Evidence Act, 1872 govern such admissibility?
Legal Principles Covered to Support Case Proceedings and Judgements
A. Confession to Police – Section 25, Indian Evidence Act, 1872
Section 25 provides:
No confession made to a police officer shall be proved as against a person accused of any offence.
Accordingly:
- The confessional part of X’s statement, i.e., “I have committed theft”, is absolutely inadmissible.
- This rule is based on the policy to prevent coercion or torture by police.
B. Confession While in Police Custody – Section 26
Section 26 states that:
- A confession made while the accused is in police custody is inadmissible, unless made in the immediate presence of a Magistrate.
Thus, the entire confession made by X to the police while in custody cannot be proved, except as permitted by Section 27.
C. Discovery of Fact – Section 27 (Exception to Sections 25 & 26)
Section 27 provides a limited exception:
So much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.
Key points:
- Only the portion of the statement directly leading to the discovery of the stolen property is admissible.
- The confessional part remains excluded.
- The admissible portion would be like:
- “The stolen property is hidden under the bridge near my house.”
D. What Is Admissible and What Is Not
Admissible:
- That part of X’s statement which distinctly relates to the discovery of stolen property.
- The fact of recovery and the place pointed out by X.
Not admissible:
- The statement “I have committed theft”.
- Any confession made to the police not covered under Section 27.
E. Judicial Interpretation
- Pulukuri Kottayya v. Emperor (1947)
- Only that portion of the statement which clearly relates to the discovery of fact is admissible.
- State of Uttar Pradesh v. Deoman Upadhyaya
- Section 27 is an exception and must be strictly construed.
- Aghnoo Nagesia v. State of Bihar
- Confessional statements to police are hit by Sections 25 and 26, except the discovery portion.
Possible Judgement
The Court is likely to hold that:
- The confession made by X to the police admitting theft is inadmissible under Sections 25 and 26 of the Indian Evidence Act, 1872.
- However, under Section 27, that portion of X’s statement which led to the discovery of the stolen property is admissible.
- The recovery of stolen property at the instance of X is a relevant fact and can be proved against him.
- The admissible portion can be used as corroborative evidence, but not as a substitute for full proof of guilt.
Final Conclusion
The statement made by ‘X’ to the police cannot be proved in its entirety. The confessional part is inadmissible, but so much of the information as distinctly relates to the discovery of the stolen property is admissible under Section 27 of the Indian Evidence Act, 1872, and can be used against X.
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