AI Overview...
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Statements of Persons in Judicial Custody - Several judgements confirm that courts can record statements of persons in judicial custody, especially when such statements are relevant to the case. For instance, in Anil @ Raju Namdev Patil VS Administration of Daman & Diu, Daman - Crimes and Anil @ Raju Namdev Patil VS Administration of Daman & Diu, Daman - Supreme Court, the courts acknowledged that confessions made by accused persons during judicial custody are admissible and can form the basis for conviction, provided proper procedures are followed. These cases involved accused persons making confessions or statements while in judicial custody, which were considered by the courts in their judgments.
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Judicial Custody and Admissibility of Statements - The courts have observed that statements made by persons in judicial custody are admissible and can be relied upon in judicial proceedings, especially when recorded before a magistrate. In Anil @ Raju Namdev Patil VS Administration of Daman & Diu, Daman - Crimes and Anil @ Raju Namdev Patil VS Administration of Daman & Diu, Daman - Supreme Court, confessions made during judicial custody were accepted as evidence, affirming that judicial custody does not bar the recording of statements, and such statements can be used for conviction.
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Limitations and Conditions - The courts also highlight that such statements must be recorded properly and with adherence to procedural safeguards. In Gulam Mohd. Kabir Mohd. Mir @ Gulmir VS State of Maharashtra - Bombay, the importance of judicial inquiry and applying judicial mind in recording statements is emphasized, indicating that statements taken in custody are subject to judicial scrutiny.
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Habeas Corpus and Judicial Custody - In SMT SRUTHI vs STATE OF KERALA - Kerala, the court clarified that habeas corpus petitions are not maintainable when the detention is lawful, such as in judicial custody, implying that courts recognize the legality of statements obtained during judicial custody.
Analysis and Conclusion:
The sources collectively establish that Indian courts recognize the legality and admissibility of statements made by persons in judicial custody. Such statements, when recorded properly before a magistrate, can be used as evidence in judicial proceedings, and the courts have consistently upheld this principle. The key condition is that the statements must be recorded following legal procedures, ensuring judicial oversight and safeguarding the rights of the accused.
Search Results for "Find Judgements that Observe that Ed can Take Statements of Persons in Judicial Custody"
• India - Crimes
S.B.SINHA, MARKANDEY KATJU
He was in judicial custody. He was produced before the Magistrate on 16.08.2000. ... involved in crime committed suicide and a suicide note left behind implicating appellant in the crime - Accused made confession in judicial ... But, when a suicide is committed by a co-accused, the statements made in the suicide note implicating other co-accused would not ... On 15.08.2000, the appellant was sent to judicial custody. On 16.08.2000, a request was made to the Chief Judicial#HL_....
2007 2 Supreme 220 • India - Supreme Court
S.B.SINHA, MARKANDEY KATJU
He was in judicial custody. He was produced before the Magistrate on 16.08.2000. ... involved in crime committed suicide and a suicide note left behind implicating appellant in the crime—Accused made confession in judicial ... custody which was recorded by Magistrate—Conviction by trial Court and death sentence was awarded—High Court affirmed the findings ... On 15.08.2000, the appellant was sent to judicial custody. On 16.08.2000, a request was made to the Chief Judicial#HL_....
2022 0 Supreme(Bom) 519 • India - Bombay
RAVINDRA V.GHUGE, S.G.MEHARE
were arrested - Petitioner before Court tells us that he was never arrested, never taken into custody by Police, apparently he did ... - Many persons lost their lives, many were injured and large number of such persons had languished in jails for various periods ... is one of reverence, regard and respect - Brave courageous deeds of these persons is a distinctive part of India's fight for freedom ... The petitioner before us tells us that he was never arrested, never taken into custody by the Police, ap....
2008 0 Supreme(Del) 91 • India - Delhi
REVA KHETRAPAL
illegal trafficking and prostitution - It is not possible to hold that the invocation of MCOCA was unjustified - Illegal tracking of persons ... Accused was produced in police custody for the aforesaid purpose. Since I was to go to computer class at Karkardooma Judicial Academy, the case was fixed for today in the morning. There is no one in the chamber and the proceedings are being recorded on dictation being given to Mrs. Sunita Seth. ... Now a look at the judicial pronouncements on the subject. In Bharat Shanti Lal Sh....
2019 0 Supreme(Mad) 2116 • India - Madras
N.ANAND VENKATESH
bail to petitioners - In absence of any substantive evidence it would be inappropriate to base conviction of appellant purely on statements ... Therefore, this Court is inclined to grant bail to the petitioners – Held, A careful reading of the above judgments makes it very ... Psychotropic Substances Act, 1985 - Section 8(c) r/w. 20 – First information report - Relevant evidence - A careful reading of above judgments ... Warrant and both the accused persons were remanded to judicial custody#HL....
1994 0 Supreme(Bom) 256 • India - Bombay
VISHNU SAHAI, R.G.VAIDYANATHA
C. the maximum period of remand for judicial custody is only 90 days. ... Admittedly the detenu was arrested in the SCAM case and was remanded to police custody and then to judicial custody. ... The Court can take judicial notice that the scam case of Harshad Mehta was in respect of thousands of crores of rupees and, therefore ... Since the detenu was already in custody, there was no immediate urgency to take him into cust....
• India - Crimes
Reva Khetrapal, Ms.Sunita Gupta
can be inferred even by circumstances giving rise to a conclusive or irresistible inference of an agreement between two or more persons ... has to be laid if plea of false implication is made—In such cases, Court has to adopt a careful approach and analyse evidence to find ... substantive evidence has come on record to prove that any conspiracy was hatched between accused and co-accused except disclosure statement ... If this be the effect of section 27, little substance would remain in the ban imposed by the two preceding sections on con....
2003 0 Supreme(Mad) 643 • India - Madras
N.DHINAKAR, S.ASHOK KUMAR
Prosecution case: Accused attacked and caused the death of six persons while they were travelling in a bus, after throwing lighted ... The prosecution case was that the accused attacked and caused the death of six persons while they were travelling in a bus, after ... The accused also caused grievous injuries to another person. ... A4 and A5 surrendered before the court on 9.3.1998 and 16.3.1998 respectively and after obtaining orders from the court to take them into police custody, on 23.3.1998, they w....
2008 0 Supreme(Bom) 14 • India - Bombay
V.C.DAGA
being a judicial enquiry required application of judicial mind. ... In other words, the Magistrate has to apply his judicial mind to find out whether an offence under the provisions of IPC has been ... It is nothing but a judicial inquiry requiring application of judicial mind. ... It is nothing but a judicial inquiry requiring application of judicial mind. ... 24. Having said so, let me now again go back to two judgments of the Ap....
2009 Supreme(Online)(KER) 28129 • India - High Court of Kerala
R.BASANT, M.C.HARI RANI, JJ
Issues: Whether the petition for habeas corpus was justified given the husband's judicial custody and allegations of improper ... custody and there is no current unlawful detention under KAAPA. ... Ratio Decidendi: The court concluded that the right to seek habeas corpus is not applicable when an individual is in judicial ... At any rate, we find absolutely no justification to invoke the powers under Article 226 of the Constitution of India in favour of the petitioner or her husband who is admittedly ....
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