Category: Section 27

ISSUE:

Whether the statement made by the accused was admissible in evidence by virtue of Section 27 of the Evidence Act?

Whether the presumption arising under illustration (a) to s. 114 of the Evidence Act valid?

RULE:

For the applicability of Section 27 of the Evidence Act, two conditions are pre-requisite, viz:

Information must be such as has caused discovery of the fact, and

The information must "relate distinctly" to the fact discovered."

ISSUE:

Whether a confession made before police while in custody revealing the discovery of a weapon admissible as evidence against the accused?

RULE:

Section 27 of the Indian Evidence Act of 1872 allows for an exception to the general rule barring confessions made to police officers. It permits the admissibility of statements from an accused if they lead to the "discovery of a fact."

Only the portion of the statement that directly relates to the fact discovered, such as the location or presence of an object, is admissible. Any additional incriminating statements, such as linking the discovered object to the crime, are not admissible.