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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
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.
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.
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.
Confessions made in police custody are inadmissible unless recorded in the presence of independent witnesses and linked to the discovery of evidence, highlighting the necessity for proper procedural ....
Confessions made under the Wild Life (Protection) Act must be recorded in strict compliance with legal safeguards to be admissible, and the prosecution bears the burden of proving guilt beyond a reas....
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
Confessional statements of co-accused, lacking corroborative evidence, cannot establish guilt against another accused under the NDPS Act, resulting in quashing of proceedings.
The accused is entitled to all evidence collected during the course of investigation to build a proper defense, and the denial of necessary evidence to defend oneself would violate the principle of a....
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