Amendment status not verified — confirm the current text below against the official source.
Discoveries, result of Compulsion and use of third degree methods. The phrase used in Article 20(3) is to be a witness and not to appear as a witness. It follows, that the pro- tection afforded to an accused in so far as it is related to the phrase 'to be a witness' is not merely in respect of testimonial compulsion in !he court room but may well extend to com- pelled testimony previously obtained from him. Disclosure made by accused which led to recovery of charas. Disclosure was made by ac- cused in police station while he was handcuffed. Disclosure was made under duress, pressure or threat by the police. Disclosure thus not admissible in terms of Article 20 of Constitution of India. Where the accused was subjected to third degree methods prior to discovery, the genuine- ness of the discovery is rendered doubtful and discovery becomes worthless as a piece of evidence. The reason is that although discovery by itself is a guarantee of the genuineness of the discovery there may be cases where the circumstances are such, that the fact that the discovery was induced by a promise would raise a doubt as to the genuineness of the discovery and render the evidence almost worthless. Where heroin was recovered, the accused was found to be in injured state is Police Station in absence of the explanation of injuries the defence of accused as held more probable. It is true that after the coming into force of the Constitution, the evidence which may other- wise be admissible under section 27 Evidence Act, may be inadmissible by virtue of Article 20(3) if it could be established that such evidence was obtained under compulsion. There is however nothing on record to show that the accused was compelled to throw the stone at the place where the knife was recovered. It is true that the accused was then under police custody, but mere police custody in the absence of evidence to show that force or compulsion was used Willl1Pt suffice to show that a statement was made under compulsion so as to attract Article 20(3) Where facts disclosed point to the accused having been subjected to third degree method, prior to the discovery, the genuineness of the discovery is rendered doubtful and the discovery becomes worthless as a piece of evidence.