JUDGMENT

Sandeep Mehta, J.—While considering D.B. Criminal Leave to Appeal No.94/2017, the Division Bench of this Court was persuaded to refer the following question for consideration by a Larger Bench:

“Whether during interrogation of the accused at the time of recording information from him/her with regard to effecting recovery of fact, articles and weapon, the presence of two independent witnesses is necessary or not?”

2. Under orders of Hon’ble the Chief Justice, the matter has been placed before this three Judges Bench for deciding the reference made to it in the above terms. Since the Bench is in seisin of a controversy arising from the conflicting views taken by the Division Benches of this Court on the issue as to whether or not, it is essential to have attestation of the information given by a person accused of an offence to an Investigating Officer under Section 27 of the Evidence Act by independent witnesses, background of the provision requires a brief reference.

3. Background of the Enactment—It is common place that the Evidence Act 1872 was drafted in England. Two departures were made from the law existing in England regarding confessions and they were (i) that no sta