Amendment status not verified — confirm the current text below against the official source.
Exact words used by accused to be recorded. - In order to permit an inference that the accused was in possession of the incriminating article prosecution had to prove that part of the confessional statement (as far as possible in the words of the accused which) relate to the fact thereby discovered. But instead of proving that, it had only sought to prove the memorandum itself as if by itself that was substantive evidence. When the memorandum alone was thus sought to be proved, there was no guarantee whether the accused had really made any statement which led to the discovery. The fact of possession can be proved by discovery of an article at the instance of the accused because if the evidence shows that he had in any way dealt with the article prior to its discovery by him, he can reasonably be credited with its possession sometime before such an event. It is in this context that so much of his confessional statement as leads to the fact thereby discovered becomes admissible under Section 27 of the Evidence Act. But this confessional statement must be proved by persons to whom or before whom it was made and as the courts wait to know the exact words used by the accused when making the statement, the investigating officer is required by the Police Regulations to record it in the form of a memorandum in the presence of witnesses so that its authenticity may be beyond doubt and the witnesses may refresh their memory when, deposing about it in Courts. The memorandum itself cannot be used as substantive evidence. The documents, or the memoranda of what accused said and covered by Section 27 are not by themselves substantive evidence. It is what the witness deposes in Court as having been said by an accused, when giving information leading to discovery of a fact, that is evidence. The memorandum of a statement prepared is only for refreshing memory of the witness who has drawn it at that time, or of the attesting witness in whose presence that information was given.