Involuntary statements by accused or recovery made based on such statement inadmissible as evidence

15
01/2019

Involuntary statements by accused or recovery made based on such statement inadmissible as evidence

In CONTEMPT PETITION (C) NO.817 OF 2018, IN CONTEMPT PETITION (C) NO. 309 OF 2016, IN S.L.P (C) NO. 4470 OF 2014, BADRI VISHAL PANDEY AND ORS.vs RAJESH MITTAL AND ORS., the investigating officer himself had deposed that all the confessions by the accused persons were made after the accused were grilled and interrogated multiple times. The bench said that the interrogation in this case does not appear to be of ‘normal character’ and confessions that led to the recovery of the incriminating material were not voluntary, but caused by inducement, pressure or coercion.

The Supreme Court has observed that there is no evidentiary value to an involuntary confessional statement made under undue pressure and compulsion from the investigating officer, even when it leads to the recovery of material objects in relation to a crime.

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