1. Charge-sheet containing confessional statements recorded by police officers — contrary to state practice. (Para 1 )
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2024 Supreme(SC) 580
SUPREME COURT OF INDIA
ABHAY S. OKA, AUGUSTINE GEORGE MASIH, JJ.
Sanuj Bansal - Petitioner
Versus
The State of Uttar Pradesh & Anr. - Respondents
Petition for Special Leave to Appeal (Crl.) No. 10536 of 2023
Decided On : 12-07-2024
Advocates Appeared:
For the Petitioner: Mr. Vinay Prabhakar Navare, Sr. Adv., Ms. Anushri Singh, Adv., Ms. Rashmi Singh, AOR, Mr. Ashish Kumar Pandey, Adv.
For the Respondent: Ms. Garima Prasad, Sr. A.A.G., Mr. Divyanshu Sahay, Adv., Mr. Vishnu Shankar Jain, AOR, Mr. Parth Yadav, Adv., Ms. Mani Munjal, Adv., Ms. Marbiang Khongwir, Adv., Mr. Sumit Arora, Adv.
For the Petitioner: Mr. Vinay Prabhakar Navare, Sr. Adv., Ms. Anushri Singh, Adv., Ms. Rashmi Singh, AOR, Mr. Ashish Kumar Pandey, Adv.
For the Respondent: Ms. Garima Prasad, Sr. A.A.G., Mr. Divyanshu Sahay, Adv., Mr. Vishnu Shankar Jain, AOR, Mr. Parth Yadav, Adv., Ms. Mani Munjal, Adv., Ms. Marbiang Khongwir, Adv., Mr. Sumit Arora, Adv.
IMPORTANT POINT
Contents of charge-sheet – Confessional statements recorded by Police Officers which are part of charge-sheet cannot remain a part thereof and same must be ignored.
Headnote:
Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 183 and 193 – Contents of charge-sheet – Confessional statements recorded by Police Officers which are part of charge-sheet cannot remain a part thereof and same must be ignored – Trial Court to take note of this. (Para 2)
Result :Matter listed for next hearing.
Legal Category Hierarchy
Table of Contents
2. Submission by state authority that confessional statements were erroneously recorded by the investigating officer. (Para 1 )
3. Confessional statements recorded by police officers included in a charge-sheet are impermissible and must be ignored. (Para 2 )
4. Confessional statements recorded by police officers cannot remain part of a charge-sheet and must be disregarded. (Para 2 )
5. Confessional statements in the charge-sheet to be ignored — Trial Court directed to take note — petition listed for hearing. (Para 2 , 3 )
6. Whether confessional statements recorded by police officers can form part of a charge-sheet?
No, confessional statements recorded by police officers cannot remain part of the charge-sheet and must be ignored. (Para 2 )
ORDER :
1. We have perused the affidavit of Shri Prashant Kumar, Director General of Police, Uttar Pradesh. He has stated that in the State of Uttar Pradesh, confessional statements are not being recorded by the Investigating officers and the present case is an exception where charge-sheet contains alleged confessional statements of the accused recorded by the police. He has assured that appropriate action will be taken against the concerned Investigating Officer.
2. It is obvious that confessional statements recorded by the Police Officers which are part of the charge-sheet cannot remain a part thereof and the same must be ignored. The Trial Court to take note of this.
3. List the petition for hearing on 15th October, 2024.
