Rajasthan Pre 2016

During the course of trial of a murder case, which of the following may be proved:

Verified Answer
A. Statement of confession of accused made in police custody during investigation.
B. Recovery of the weapon of offence on basis of statement made by accused during investigation of another case.
C. After recovery of dead body, the statement of accused as to the place where he threw the dead body.
D. None of the above

Explanation:

Section 27 of the Indian Evidence Act, 1872, provides an exception to the general rule that confessions made to a police officer are inadmissible. It states that when any fact is discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered, may be proved. Option (2) describes a scenario where the recovery of a weapon (a fact) is made based on a statement by the accused, which could be admissible under Section 27, even if the statement was made during the investigation of another case, provided the discovered fact is relevant to the current murder trial. Options (1) and (3) are generally inadmissible under Sections 25 and 26 of the Evidence Act, respectively, as they involve confessions in police custody not leading to a discovery.