Section 27 of Indian Evidence Act, 1872

According to Section 164 of the Code of Criminal Procedure (CrPC), the Indian legal system incorporates "Section 27 of the Indian Evidence Act, 1872," to further clarify the admissibility and interpretation of confessions and statements (1). This section serves as a valuable tool in establishing the truth and aiding the administration of justice. This blog explores the provisions of this section in detail to enhance our understanding.

Section 27 of the Indian Evidence Act: An Overview

This section states that when any fact is discovered as a result of information provided by an accused person in police custody, leading to the recovery of material evidence or the identification of the scene of the crime, such information and the subsequent discovery are admissible as evidence. This section is commonly known as the "Confession and Discovery" rule, which is clearly described by the bench of Justice Suneet Kumar and Dinesh Pathak in the case of "Chatthoo Chero vs State Of U.P. on 7 April, 2022." (2)

Key Elements:

To better comprehend the significance of Section 27, it is essential to highlight its important elements:

1. Information by Accused: The provision applies when an accused person provides information while in police custody. This information can be a confession or any other statement that leads to discovering a fact.
2. Voluntary Nature: The information the accused discloses must be voluntary and not influenced by any inducement, threat, or promise. The accused should provide the information of their own free will.
3. Causal Connection: There must be a direct causal connection between the information provided by the accused and the subsequent discovery of a fact. The information should lead to the discovery of material evidence or the identification of the crime scene.
4. Admissibility of Evidence: The information provided by the accused and the subsequent discovery is admissible as evidence in court proceedings. This evidence can help establish the accused's guilt or provide corroborative support to other evidence.

Significance and Application:

Section 27 of the Indian Evidence Act is crucial in criminal investigations and trials. Its application helps to:

1. Corroborate Confessions and Statements: When an accused person's confession or statement leads to the discovery of incriminating material evidence or the identification of the crime scene, This section provides corroboration to the confession or statement. This strengthens the prosecution's case and bolsters the credibility of the confession or statement.
2. Validate Investigative Efforts: This section supports and validates the efforts of law enforcement agencies in uncovering hidden facts or evidence. It encourages thorough investigations and rewards the diligent pursuit of truth by police authorities.
3. Establish the Accused's Connection: The provision aids in establishing a direct connection between the accused and the crime. By linking the information provided by the accused with the discovery of incriminating evidence, This section helps establish the accused's participation or involvement in the offence.
4. Ensure Fairness and Justice: This section contributes to ensuring fairness and justice by providing an additional means to establish the truth. It prevents the suppression of evidence and strengthens the prosecution's case by enabling the admissibility of evidence resulting from the accused's voluntary disclosure.

Conclusion:

Section 27 of the Indian Evidence Act is a valuable legal provision that complements Section 164 of the CrPC in the context of confessions and statements. It enables the admissibility of evidence when an accused person's voluntary disclosure leads to the discovery of material evidence or the identification of the crime scene. By upholding the principle of fairness and aiding in establishing truth, Section 27 plays a significant role in the administration of justice in criminal cases.

References 

1. https://www.judicialservicesindia.com/indian-evidence-act/objective-questions-and-answers-on-indian-evidence-act/13323

2. https://indiankanoon.org/doc/83507244/

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