Regarding wrongful arrest of whole family and accused is only one.

544 votes

As per section 26 of The Indian Evidence Act confessions made to the police largely in a state of force, coercion , duress or compulsion will be inadmissible in the court of Law on the contrast confessions made to the magistrate behind closed doors without any duress are admissible. The police has no jurisdiction to be the judge, jury or executioner in the present unenviable position that the party is in . it is obligatory on police to send a chargeseet to the court within a reasonable period of time for the trial to take place .During trial after hearing both the parties the verocity or parties being phoney will eventually be decided. After the trial has consummated the truth will prevail. The last option available for u to knock the doors of high court under section 439 of the criminal court procedure & alternative remedy prevails here to go for 482. of crpc

Advocate Rishabh Kumar LawRato

879 votes

A has conffesed his crime in the confessional tatement but it is not clear that whether the statement is conffesed before the police are before the magistrate under section 164 of CRPC. it is also not mentioned that when be has fired FIR are complaint case against the entire family. there is no sole value of confessional statement to determine the person accused or no other person involved in the incident. the police can arrest anybody if he has reason to believe that the person has committed cognizable offence and he is required for investigation.

Advocate Arun Krishna Shukla LawRato