| Principle A confession made in the court should be free and voluntary. A confession made under pressure is a weak type of evidence. |
| Facts Ram and Shyam are good friends, they are room partners. Shyam becomes friendly with Sumit, who is a drug addict. Shyam also starts consuming drugs. One day, Shyam does not have money to buy drugs. He steals an imported watch of Ram. Ram complains to the police. Shyam is arrested. In the lock up, the police tell Shyam that if he confesses, he may be released. Shyam confesses in the court. |
A) Shyam is likely to be punished because he confessed in the court and told the truth
B) Shyam cannot be punished because he confessed under the influence of the police
C) Shyam cannot be punished because no one had seen him stealing Ram's watch
D) None of the above
Correct Answer: B
Solution :
The principle is that a confession made in the court should be free and voluntary. A confession made under pressure is a weak type of evidence vide Section 26 Indian Evidence Act. However, Section 28 lays down that if such a confession as is referred to above is made after the impression caused by any such inducement, threat or promise has, on the opinion of the court been fully removed, it is relevant. Since, the confession is made in the court Shyam is likely to be punished because he confessed in the court and told the truth.
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