AI Overview...
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Admissibility of Confessions to Forest Officers - Confessions made to forest officers are generally admissible in evidence, especially when recorded properly by authorized officers like Forest Range Officers. Courts have held that such statements can be used as evidence in forest offence cases, provided the officers recording the statements have proper jurisdiction and follow procedural requirements. For example, the court in M. Chakra Krishna das VS State Of A. P. - Andhra Pradesh upheld the admissibility of statements recorded by a Forest Range Officer, while Safiya V. , W/o. Asharaf VS Divisional Forest Officer, Mannarkkad, Palakkad District - Kerala confirmed that confessions to forest officers are admissible as evidence.
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Confession to Police Officers - Confessions made to police officers are typically not admissible under Section 25 of the Indian Evidence Act, 1872, unless exceptions apply. The Supreme Court and various courts have consistently held that confessions to police officers are inadmissible due to the risk of coercion and false confessions (M. Chakra Krishna das VS State Of A. P. - Andhra Pradesh, Budhu Nag Chatar vs The State of Jharkhand - Jharkhand).
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Scope of Confession Evidence in Wildlife and Forest Offences - Statements made by accused to forest officers under the Wildlife (Protection) Act, 1972, and Kerala Forest Act, 1961, have been deemed admissible, especially when supported by other evidence. The main evidence in wildlife cases often relies on such confessions, as in Bhadran S/o. Sukumaran VS State of Kerala Rep. By The Public Prosecutor, High Court of Kerala, Ernakulam - Kerala, but courts scrutinize their reliability.
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Corroborative Evidence and Confession Reliability - Courts emphasize corroborative evidence to bolster confessional statements, especially in serious offences like homicide or forest crimes. Extra-judicial confessions alone are often insufficient for conviction unless supported by other evidence (Budhu Nag Chatar vs The State of Jharkhand - Jharkhand, SAINIK KANAIYALAL KALUMAL VS STATE - Gujarat).
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Legal Requirements for Recording Confessions - The person recording the confession must establish their authority and proper procedure, and the confession must be voluntary. Failure to meet these standards can render the confession inadmissible (Kunhali VS Forest Range Officer - Kerala, RAJAN, S/O. PARAMESWARAN NAIR VS STATE OF KERALA PUBLIC PROSECUTOR, PATHANAMTHITTA - Kerala).
Analysis and Conclusion:
Confessions made to forest officers are generally admissible in forest offence cases when recorded by authorized personnel within their jurisdiction, as supported by multiple court decisions. Conversely, confessions to police officers are inadmissible under Section 25 of the Evidence Act unless specific exceptions apply. The reliability of confessional statements depends on proper recording, voluntariness, and corroboration. Therefore, in forest offences, confessions to forest officers are admissible and can form a vital part of evidence, whereas confessions to police officers are typically not admissible.
Search Results for "Confession in Forest Offence Admissible or Not"
1970 0 Supreme(AP) 266 • India - Andhra Pradesh
SHARFUDDIN AHMED
EVIDENCE ACT, 1872 - SECTION 25 - CONFESSION TO POLICE OFFICER - NOT ADMISSIBLE - CONFESSION TO FOREST OFFICER - ADMISSIBLE - ... The Forest Range Officer recorded the statements of the accused on the day of the offence and wanted to mark them as exhibits on ... Finding of the Court: The court held that the statements recorded by the Forest Officer were admissible in evidence ... that is not #HL....
• India - Crimes
G.R.UDHWANI
relied up such statement as confession of accused — However though Forest guard had not seen accused firing at the prey, conduct ... area — Forest guard on hearing gun shot sound approached scene of offence and found a black deer lying with gun shot injury and ... officer was not admissible as the act did not provide any jurisdiction with officer to record such statement — Trial Court wrongly ... The argument is that there was discrepancy in the date....
1937 0 Supreme(Mad) 391 • India - Madras
HORWILL
Confession - Excise Offence - The court held that for the purpose of Section 25 of the Evidence Act, an Excise Officer is not ... They admitted to the offence but were acquitted by the Magistrate due to lack of supported evidence and retracted confession. ... Officer, and therefore, the confessions made to the Excise Inspector were admissible. ... Each admitted the offence saying that they prepared the wash for distilling arrack for their private use....
2012 0 Supreme(Ker) 151 • India - Kerala
N.K.BALAKRISHNAN
officials were the timber logs cut from rose wood trees and tree situated in a forest area, was also not properly considered by ... of rosewood, it is not even necessary for the prosecution to prove whether those timber logs were brought from a forest; because ... the word 'or not' succeeding the word 'forest' would make it clear that even if the timber logs of rosewood were found outside the ... The word ‘evidence’ occurring in Section 72(d) has reference to the statements of the witn....
2016 0 Supreme(Ker) 1519 • India - Kerala
ALEXANDER THOMAS
Confession Statement - Wildlife Offence - Wildlife (Protection) Act,1972, Sec.9, Sec.51 - The court considered the admissibility ... and reliability of the confession statement given by the accused to the forest officers. ... The main evidence for conviction was a confession statement given by the accused to the forest officers. ... The word 'evidence' occurring in Section 72(d) has reference to the statements of the witnesses and not to the statement of the person al....
2018 0 Supreme(Ker) 432 • India - Kerala
P.UBAID
should be included with the confession statement. ... Criminal Trial - Kerala Forest Act 1961, S. 27(1)(e)(iii) and 27(1)(e)(iv) Sections 19 - The person who records the statement of ... the accused should be proven by himself if the prosecution rust the confession statement said by the accused and all the evidence ... The revision petitioners are found not guilty of the offence under Ss.27(1) (e) (iii) & (iv) of the Kerala Forest Act and they are acquitted of the said offen....
2021 0 Supreme(Ker) 727 • India - Kerala
P.V.ASHA
articles, as long as there was evidence connecting the vehicle to the forest offence. ... was seized by the forest officials based on a confession statement of the petitioner's husband, alleging its involvement in the ... provisions of the Kerala Forest Act. ... Forest Range Officer & Anr., 2012 KHC 231, this Court has held that confession statements given by the accused persons to the Forest Range Officer are admissible in evidence....
1994 0 Supreme(Bom) 398 • India - Bombay
A.A.HALBE
officer-Held not admissible as forest officer n t a police officer. ... Forest Officer are not the statement recorded under Section 25 of the Indian Evidence Act as the Range Forest Officer is not a police ... statements made by the respective accused persons, including the petitioner and hence there was prima-facie offence established against ... offence. ... The petitioner is involved in an offence under section ....
1961 0 Supreme(Guj) 83 • India - Gujarat
R.B.MEHTA, J.M.SHELAT
Force without warrant arrest - Superior office or member Force may without a warrant arrest any person who has been concerned in an offence ... therefore give sufficient provocation to man intended to be beaten - It was held that as there was grave and sudden provocation offence ... was not one of murder Penal Code - Appeal dismissed. ... The officer concerned in that case was a chowkidar under the Indian Forest Act and the offence was also under the Indian Forest Act. It was contended....
2024 Supreme(Online)(JHK) 6019 • India - High Court of Jharkhand
Sri Ananda Sen, Sri Gautam Kumar Choudhary, JJ
Notably, the court discussed enhancing the weight of confessions in light of corroborative evidence (paragraphs 10, 11). ... The judgment addresses the conviction under Section 302/34 of the IPC for homicide where confessions made before a Village Panchayat ... The key issues centered on the admission of extra-judicial confessions and their sufficiency for conviction despite lacking direct ... Confession made to police is not admissible into evidence, and only facts which are deposed t....
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