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Rights of accused against evidence given by an approver
13-Sep-2023 (In Criminal Law)
In a CBI case an accused petitions the Court and asks for grant of pardon under section 306 crpc. CBI agrees. The Court observes that " After hearing the contentions raised on behalf of both the parties and going through the records I find that the statements of the petitioner was not recorded u/s 164 CrPC. It appears to me that if the total facts and circumstances which are within the knowledge of this petitioner would be correctly disclosed by them it might be of help to the prosecution case" Please let me know if in the said case is it possible for the accused to ask for a copy of the statement made by the approver to the police at the time of his interrogation.
The accused are afforded certain rights, the most basic of is when taken into police custody, prior to any interrogation by the police, the ... these rights, any statements the suspect makes cannot be used at trial.
No confession made to a police officer is valid as evidence. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confession must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receiving the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated, in any way, to incriminate himself
No confession made to a police officer is valid as evidence. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confession must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receiving the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated, in any way, to incriminate himself
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Adv. Ishan Rohan
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