Amendment status not verified — confirm the current text below against the official source.
Whether Person giving information should be accused- Poppy husk was recovered as a result of disclosure statement made by accused. When statement of accused was recorded no case had been registered nor there was any complaint accusing him of the offence. Disclosure statement is not admissi1¥e in evidence. Statement of only that person alone is admissible who is accused of an offence. The words "information received from a person accused of any offence" in Section 27 cannot be read to mean that he must be an accused when he gives the information but would include a person if he became subsequently an accused person, at the time when that statement is sought to be received in evidence against him. In order to attract Section 27 Evidence Act, the facts must, beyond controversy, satisfy all the conditions, one of which is that the person must at the time be a person accused of an of- fence: but is not essential that his name must be found in the F.I.R. Therefore, a person whose name is not mentioned in the F.I.R. as the culprit but who is, arrested by the police during investigation after ascertaining his complicity is an accused person, whether he be forwarded to the Magistrate or not. A statement made by him leading to discovery while he was in custody would be admissible under Section 27 Evidence Act.