Read the below statements marked as Assertion (A) and Reason (R). Mark the correct options:
Assertion (A): A confession made to a police officer is inadmissible in court.
Reason (R): Section 23 of Bharatiya Sakshya Adhiniyam retains the principle of voluntariness in confession.
- AOption (a)
Both A and R are true, and R is the correct explanation of A.
- BOption (b)
Both A and R are true, but R is not the correct explanation of A.
- COption (c)
A is true, R is false.
- DOption (d)
A is false, R is true.
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Correct answer
Both A and R are true, and R is the correct explanation of A.
Why this answer is correct
The correct answer is 1) Both A and R are true, and R is the correct explanation of A..
Key Points
- Assertion (A): A confession made to a police officer is inadmissible in court.
- This statement is correct because under Section 25 of the Indian Evidence Act, 1872, confessions made to police officers are not admissible as evidence. This provision is aimed at preventing coercion and ensuring that confessions are voluntary.
- The principle is rooted in the concern that police officers may use undue influence, threats, or physical force to elicit confessions.
- Reason (R): Section 23 of Bharatiya Sakshya Adhiniyam retains the principle of voluntariness in confession.
- This statement is also correct and provides an explanation for the assertion.
- Section 23 of the Indian Evidence Act focuses on ensuring confessions are made voluntarily and without coercion, aligning with the broader principle of fairness in the judicial process.
- The inadmissibility of confessions made to police officers is connected to this principle, as involuntary confessions are considered unreliable.
- Correct Explanation: The Reason (R) accurately explains the Assertion (A) because both statements highlight the importance of voluntariness in confessions and the legal safeguards against coercion.
- Therefore, the correct option is that both A and R are true, and R is the correct explanation of A.
Additional Information
- Indian Evidence Act, 1872:
- This Act governs the admissibility of evidence in Indian courts.
- Section 25: Confessions made to police officers are inadmissible in court to protect the rights of accused persons and prevent coercion.
- Section 26: Confessions made in police custody are inadmissible unless made in the presence of a magistrate.
- Section 24: Confessions obtained through inducement, threat, or promise are considered involuntary and thus inadmissible.
- Voluntariness in Confessions:
- The principle of voluntariness ensures that individuals are not forced or pressured into confessing.
- Courts emphasize that confessions must be free from any form of coercion or undue influence to be considered valid.
- The judiciary has consistently upheld this principle to maintain the integrity of the legal process.
- Judicial Precedents:
- Several landmark judgments, such as State of UP v. Deoman Upadhyaya, have reinforced the inadmissibility of confessions made to police officers.
- These rulings underline the importance of voluntary confessions and the risks of coercion in custodial settings.
- Objective of the Provisions:
- The provisions aim to protect the rights of accused persons and prevent the misuse of authority by law enforcement agencies.
- They contribute to ensuring a fair trial and safeguarding the integrity of the judicial process.
Important Points
- Exceptions to Inadmissibility:
- Confessions made in the presence of a magistrate or during judicial proceedings are admissible.
- Section 164 of the Code of Criminal Procedure (CrPC) allows magistrates to record confessions, ensuring they are voluntary.
- Safeguards for Accused Persons:
- Legal provisions aim to prevent the use of torture or coercion by law enforcement agencies.
- Accused persons have the right to remain silent and the right to legal representation.
- Role of Judiciary:
- The judiciary plays a crucial role in upholding legal safeguards and ensuring the fair treatment of accused persons.
- Courts scrutinize the circumstances under which confessions are made to determine their admissibility.