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Recovery Procedure in Cheque Bounce Cases
by: Adv. Kishan Dutt Kalaskar 2021-08-05 08:29:16
by: Adv. Kishan Dutt Kalaskar 2021-08-05 08:29:16
by: Adv. Kishan Dutt Kalaskar 2021-07-26 11:08:00
by: Adv. Latha Anand 2021-07-20 13:54:02
by: Adv. Kishan Dutt Kalaskar 2021-07-05 12:35:50
by: Admin 2021-06-30 07:33:33
by: Adv. Latha Anand 2021-06-21 13:17:46
Recovery Procedure in Cheque Bounce Cases
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By: Adv. Kishan Dutt Kalaskar
Date:26 April 2020
Criminal
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Likes:0Police interrogation is a part of the police investigation. When an accused is brought under the police custody either in cognizable offence or non-cognizable offence, the Police has the right to question the accused. It helps the Police to know about the essential facts and truths of the incident so that a case can be solved easily.
Rights during Police Interrogation
Duties during Police Interrogation
Is confession/statement valid when made to the Police?
The word “confession” was first used in Section 24 of the Indian Evidence Act. The whole section comes under the main heading of admission and therefore, it is referred that, confessions are just a part of admission. However, confession is not defined under the Act. According to the law of Evidence, the digest of Mr Justice Stephen, confession is defined as an admission made at anytime by a person who is charged with a crime stating or suggesting the interference that he/she has committed that crime. To constitute a confession as evidence it is important to understand the forms of confession. There are two types of confession:
Differentiate between Judicial Confession and Extra-Judicial Confession
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Extra-Judicial Confession |
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According to Section 25 of the Indian Evidence Act, 1872, a confession made in front of the Police is not valid and cannot be used as evidence in the court of law. No confession made to the Police can prove the guilt of the accused in the court.
Reasons for such Exclusion
One of the primary reasons to not include the confessions made by the accused in the evidence is that there are instances where the Police torture the accused and thus force him/her to confess the crime he/she may have not committed. A confession obtained with the use of such means is unreliable, unethical and legally incorrect. It would further not be voluntary in nature. Such a confession would be invalid in the court whatever may be its form, direct, implied, or inferred from conduct. The reasons for which this policy was adopted when the act was passed in 1872 are probably still valid.
Dagdu Vs. State of Maharashtra
A.I.R. A.I.R. 1977 S.C. 1579
The judgement was given by the Supreme Court of India. In this case, the Supreme Court noted that the attempt of the Police to reach confessions by hook or by crook seems to be the end of all the police investigation. The Police should keep in mind that confession may not always be a short-cut to the solution. It is better that instead of trying to “start” from a confession they should investigate and strive to “arrive” at it. Otherwise, when they are busy with these short-cut solutions, good evidence may disappear due to no attention to the real clues. Once a confession is obtained, there is often flagging of zeal for a thorough and full investigation with a view to establish the case for the confession, later, being inadmissible for one reason or other, the case fondles in the court.
R V. Murugan Ramasay
(1964) 64 C.N.L.R. 265 (P.C.) at 268
In this case, the court noted that police authority itself, however, carefully controlled, carries a danger to those brought suddenly under its shadow and the law recognises and provides against the danger of such persons making incriminating confessions with the intention of placating authority and without regard to the truth of what they are saying.
Presence of Police
In circumstances, where a person is the secret agent of the Police deputed for the very purpose of receiving the confession, then such confession is subjected to fall under the category of confession made to the Police and thus is not valid in the court of law. However, the mere presence of Police does not make a confession invalid. If the confession is being given to someone else, and the policeman is casually present there who overhears the confession then it will not destroy the voluntary nature of the confession and can be considered as evidence in the court.
Under circumstances, where the accused has left a recording of his/her confession near the dead body of the victim and the recording is discovered by the Police, the Supreme Court held the recording to be relevant as there was not even the shadow of a policeman when the letter was being written and planted.
Conclusion
According to the cases and laws described above, a confession made to Police is invalid to be considered as a proof to prove the guilt of the accused under the Indian Evidence Act, 1872. A situation may arise, where a policeman knowingly, to take revenge, or to defame someone, records the wrong confession by using unfair and wrongs modes. Therefore, it is made clear by the law and as well as the court, that a confession can only be used as evidence if made before the presence of a magistrate or other evidence to support such a confession.
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