"Prima Facie, This Is Illegal": Supreme Court Slams UP Police

The Supreme Court slammed the Uttar Pradesh Police for including statements of accused recorded during police interrogation in the chargesheet.

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"Prima facie, this is illegal": Supreme Court Slams UP Police

NEW DELHI: The Supreme Court delivered a stern rebuke to the Uttar Pradesh Police for their practice of including statements made by accused individuals during police interrogations in their chargesheets. The court specifically highlighted its concerns over the inclusion of confessional statements.

A Bench consisting of Justices Abhay S Oka and Ujjal Bhuyan expressed their dismay, stating,

“We find that so-called statements of the accused which are allegedly recorded during interrogation are forming part of the charge-sheet. Some of them are in the nature of alleged confessional statements. Prima facie, this is illegal.”

Further addressing this issue, the Court has instructed the Director General of Police (DGP) of Uttar Pradesh to conduct a thorough investigation into this practice. The DGP is also required to submit a personal affidavit detailing the findings of this investigation.

This directive from the Supreme Court underscores the legal stance on confessional statements under the Evidence Act of 1872. Sections 25 and 26 of the Act clearly state that confessions made while in police custody cannot be admitted as evidence in court.

The Court has scheduled the next hearing on this matter for July 12, 2024, when it will further deliberate on this significant legal concern.

EXPLAINERS

What is the definition of evidence in law?

Evidence, in law, any of the material items or assertions of fact that may be submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it.

Section 25 in The Indian Evidence Act, 1872

25. Confession to police officer not to be proved.

No confession made to a [police-officer] [As to statement made to a police officer investigating a case, see the Code of Criminal Procedure, 1973 (2 of 1974), Section 162.] shall be proved as against a person accused of any offence.

Section 26 in The Indian Evidence Act, 1872

26. Confession by accused while in custody of police not to be proved against him.

No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a [Magistrate] [A Coroner has been declared to be a Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871), Section 20.], shall be proved as against such person.

Explanation. – In this section “Magistrate” does not include the head of a village discharging magisterial functions in the presidency of Fort St. George [* * *] [Inserted by Act 3 of 1891, Section 3.] or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the [Code of Criminal Procedure. 1882 (10 of 1882)] [Now see the Code of Criminal Procedure, 1973 (2 of 1974).].