Section 27 IEA permits proof of so much of the information given by a person accused of an offence in police custody as relates DISTINCTLY:
Ato any fact in the past life of the accused, regardless of the offence under investigation
Bto the fact thereby discovered in consequence of the information so received from the accused
Cto the personal history of all eye-witnesses to the offence under police investigation
Dto the prior criminal record of the accused, including all earlier criminal convictions
Answer & Solution
Correct answer: B. to the fact thereby discovered in consequence of the information so received from the accused
1. Section 27 IEA carves out an exception to Sections 25-26 (which bar confessions to police and confessions in police custody not before magistrate): 'Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.'
2. Pulukuri Kottaya v. King Emperor, AIR 1947 PC 67 — only the portion that DISTINCTLY relates to the DISCOVERY (i.e. discovery of a fact) is admissible; the rest is excluded.
3. Pre-conditions: (i) accused must be in police custody; (ii) information must lead to discovery; (iii) only the discovery-related part is admissible.
4. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — Indian Evidence Act, Section 27; Pulukuri Kottaya v. King Emperor, AIR 1947 PC 67_
Related questions
Section 357A CrPC, inserted by the 2009 Amendment Act, provides for:Section 161 IPC criminalises the taking of:Section 320 CrPC deals with compounding of offences. Compoundable offences:Section 122 IEA enacts marital privilege. It provides that:Section 60 IEA enacts the rule that oral evidence must be DIRECT, namely:Section 173 CrPC requires the officer in charge of a police station, on completion of inveSection 156 CrPC empowers the officer in charge of a police station to investigate a cogniSection 268 IPC defines 'public nuisance' as an act which causes: