| Principle A confession made in the court should be free and voluntary. A confession made under pressure, is a weak type of evidence. |
| Facts Rahul and Amit are good students. They are room partners. Amit becomes friendly with Sumit who is a drug addict, Amit also starts consuming drug. One day Amit does not have money to buy drugs. He steals an imported watch of Rahul. Rahul complains to the police. Amit is arrested In the lock up, the police tell Amit that if he confesses he may be released Amit confesses in the court. |
A) Amit is likely to be punished, because he confessed in the court and told the truth
B) Amit cannot be punished, because he confessed under the influence of the police
C) Amit cannot be punished, because no one had seen him stealing Rahul's watch
D) None of the above
Correct Answer: A
Solution :
According to Section 164 of the Criminal Procedure Code, 1973 and the principle given here, a confession made in the court of a Judicial Magistrate should be free and voluntary. In this case, Amit is likely to be punished, because he confessed in the court and told the truth without any pressure from police and voluntarily. Amifs confession made in the court was free, so it is not a weak type of evidence.
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