What is an accused statement?

A confession is a written or oral statement by the accused to a person in authority that admits a factual element to the Crown’s case. The law regarding confessions applies equally to inculpatory statements as well as exculpatory statements. The confession must be given sufficient context background to be admissible.

How do you record an accused statement?

Safeguards provided in law to obtain a voluntary and precisely recorded confession— Under Section 80 of the Indian Evidence Act, a Court is bound to presume that a statement or confession of an accused person, taken in accordance with law and purporting to be signed by any Judge or Magistrate, is genuine, and that the …

What is Section 161 CRPC?

Section 161 Code of Criminal Procedure, 1973 (for short ‘Cr. P.C.’) titled “Examination of witnesses by police” provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case.

What is the difference between 161 and 164 CrPC?

161 CrPC is popularly known as interrogation. The object of examination of witness u/s. 161 CrPC is to produce the evidence before the court at the time of trial. 164 CrPC authorizing the Magistrate to record the confession statement of the accused as per procedure prescribed to ensure it has voluntariness.

What is Statement Evidence Act?

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; — A fact is said not to be proved when it is neither proved nor disproved.

What is Section 154 CrPC?

Section 154 of the CrPC gives a choice to the informant to furnish information orally or in writing. If the information is disclosed orally then, the report must be reduced to writing by the police officer himself or under his direction. The report must be read out to the informant.

Does the accused get cross examined?

If you are a witness for the defense, or the rare defendant who testifies on his one behalf, you will be subject to cross-examination by the prosecutor. Each party to a criminal trial has the chance to call witnesses on his behalf.

Can a person make an accusatory statement in the presence of the accused?

It is of course well established that, where an accusatory statement is made in the presence of an accused person, it is not evidence against him of the facts stated except insofar as he accepts it. Acceptance may be by way of word, conduct, action or demeanour. Whether there is acceptance is a matter for the jury.

When is a confession made in the presence of the accused?

Under the common law, where a statement is made in the presence of the accused, by a person with whom the accused is on even terms, upon an occasion which should be expected reasonably to call for some explanation or denial from him, the accused’s acceptance of that statement, including by giving an insufficient explanation or by acquiescence.

Can a statement made by an accused to a police officer?

A statement made by an accused to a police officer in course of the investigation of a case is not at all admissible. Even a statement made by a witness to a police officer in course of investigation is not also admissible in evidence. It can be used for the purpose of contradiction by the defence……. (17)

What is evidentiary value of the statement of accused?

Evidentiary is something constituting evidence or having the quality of evidence and something that relates to the evidence in a particular case. i. A’s statement at the scene of a car wreck that one of the drivers was speeding has evidentiary value because it says something about how the accident happened. ii.

What is the purpose of the statement of the accused?

Define “ the statement of accused”: The Statement (answers and explanations) given by the accused is entirely for the benefit of accused and the accused only. The statement cannot be used by the Court against him or her nor is the prosecution permitted to use to fill up any gap or lacuna left in the prosecution evidence. [2]

Can a person reply to an accusatory statement?

The accused is said to have made no reply to that statement [ the accused is alleged to have replied to that statement with the words, [ quote evidence ]]. What one person says to another is not normally relevant evidence.

Can a confessional statement be used against the accused?

Confessional Statement: The confessional statement either inculpatroy or exculpatory, if not referred to the accused or the main aspect of the confessional statement of the accused was not brought to his notice during his examination, in ordinary course, it should not be used against him.