Bare ActsThe Punjab Excise Act, 1914(Bare Act )

Section 88

Confession hit by Section 24 - Leading to discovery - Admissibility

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Confession hit by Section 24 - Leading to discovery - Admissibility. It is true that confessions caused by inducement, threat or promise are inadmissible, under Section 24. But though they are inadmissible they may lead to discovery of facts or of things in consequence of the information received from the accused in custody. When statements made by accused person in police custody are confirmed by finding of the property or facts, those portions of the confession that lead to discovery cannot be held to be false. Section 27 is based on the theory of confirmation by subsequent facts. The theory is that where in consequence of a confession otherwise inadmissible search is made and facts are discovered which confirm it in material particulars, the possible influence which through caution had been attributed to the improper inducement is seen to be nil and the confession may be accepted without hesitation. In fact Section 27 provides an exception to the prohibition imposed by Sections 24 to26. Article 20(3) therefore applies to discoveries under Sec, 27 of the Evidence; Act, if these discoveries are the results of compulsion. The scope of section 27, Evidence Act, is thus restricted by Article 20(3) of the Constitution and the discoveries which follow a confession brought about, by compelling an accused person, cannot be used against him.

Section 88 – The Punjab Excise Act, 1914(Bare Act ) | DailyLaw.ai