Retracted Confession

Accused produced before the Magistrate straight away from the police custody:

  • Magistrate ordered the accused to be sent to judicial custody for two days for self introspection - although thereafter he was supposed to be produced directly from the Jail to the Magistrate, he was allegedly taken out of jail 2.30 hrs before the time fixed therefore.
     
  • Accused then made a complaint that before he had been produced before the Magistrate he was taken to police station and was tortured and tutored there and was made to make to the confession.
     
  • Accused maintained that stand in his examination u/s 313 Crpc but prosecution did not make any attempt to disprove the allegation
     
  • although it appeared from the Accused examination u/s 313 that he had named the police Inspector who allegedly tortured him but that police inspector had not been cross examined on that point
     
  • application made by the accused calling for some records from the Jail but no order passed there upon.

Held, In such a situation court should issue a suo Motu direction to jail authorities to produced the records, and if even then authorities fails to produce documents, an adverse inferences can be drawn - in absence of substantive corroboration the retracted confession not liable.

Share this Article

You May Like

Comments

Submit Your Article



Copyright Filing
Online Copyright Registration


Popular Articles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly

legal service India.com - Celebrating 20 years in Service

Home | Lawyers | Events | Editorial Team | Privacy Policy | Terms of Use | Law Books | RSS Feeds | Contact Us

Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2025
ISBN No: 978-81-928510-0-6