AI Overview...
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Section 27 of the Indian Evidence Act - The section allows the admissibility of information received from an accused regarding the recovery of weapons or items related to the crime. Several sources (01700024048, 01100040184, 02200037039, 01100039111, 02500110767) confirm that evidence obtained under Section 27, such as the recovery of weapons at the instance of an accused, is considered admissible in court. The section is often invoked to establish the connection between the accused and the weapon used in the commission of the offence.
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Weapon Planting and Circumstantial Evidence - Multiple cases (01700024048, 02200037039, 01100039111) highlight that courts scrutinize whether weapons recovered were genuinely linked to the crime or planted. The courts emphasize the importance of corroborating Section 27 evidence with other evidence like eyewitness testimony or physical evidence. In some instances (01700024048), the court noted that the weapon was planted by police, raising doubts about the guilt of the accused.
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Doubts and Rebuttal of Evidence - Courts recognize that evidence under Section 27 can be challenged, especially if there are claims of planting or false evidence (01100047620, 01700024048). The burden often shifts to the prosecution to prove the authenticity of such evidence, and courts may reject it if not sufficiently corroborated or if there are credible reasons to believe it was planted.
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Use of Weapon as Deadly Instrument - Courts require clear evidence that the weapon was used as a deadly instrument in the offence (01100039111). Mere recovery is not sufficient; the weapon's role in the crime must be established convincingly.
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Legal Limitations and Case Specifics - Some cases (02200037039, 02500110767) demonstrate that even with Section 27 evidence, guilt must be established beyond reasonable doubt, and the mere presence of weapons or their recovery does not automatically lead to conviction, especially if there is suspicion of planting or if other evidence is weak.
Analysis and Conclusion:
Section 27 of the Indian Evidence Act is a vital legal provision permitting the court to admit evidence of weapon recovery based on information from the accused. However, the admissibility does not automatically equate to proof of guilt; courts carefully examine whether such evidence was genuinely obtained or planted. The credibility of Section 27 evidence depends on corroboration with other evidence, the circumstances of recovery, and the absence of suspicion of fabrication. Courts remain cautious in cases where planting is alleged, emphasizing the need for a holistic assessment of all evidence before drawing guilt.
Search Results for "Indian Evidence Act s 27 Weapon Planted"
2013 0 Supreme(Raj) 696 • India - Rajasthan
GOVIND MATHUR, BANWARI LAL SHARMA
the weapon had been planted by the police. ... CRIMINAL LAW - MURDER - SECTION 302 IPC - CIRCUMSTANTIAL EVIDENCE - LAST SEEN - RECOVERY OF WEAPON OF OFFENCE AND BLOOD-STAINED ... Whether the evidence against the appellant was sufficient to prove his guilt beyond a reasonable doubt. 2. ... From perusal of the evidence available on record, it reveals that an information as per Section 27 of the Indian Evidence Act wa....
2014 0 Supreme(Del) 2195 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
The recovery of the weapon at the instance of Chetan is admissible under Section 27 of the Indian Evidence Act. ... The recovery of the weapon at the instance of Chetan is considered admissible under Section 27 of the Indian Evidence Act. ... Indian Evidence Act - Section 27: How much of information received from accused may be proved. ... A re....
2022 0 Supreme(Ori) 628 • India - Orissa
S. MURALIDHAR, C. R. DASH
Criminal Law - Circumstantial Evidence - Section 302 IPC, Indian Evidence Act - 27 - 19, 153 - The court discussed the principles ... The Appellant denied his guilt and claimed trial, alleging that the knife had been planted on him. ... of proving a case based on circumstantial evidence as laid down in Shivaji Sahabrao Bobade v. ... He claimed that he had made a statement under Section 27 of the Indian Evidence #HL....
2018 Supreme(Online)(KER) 15845 • India - High Court of Kerala
A.M.SHAFFIQUE, P.SOMARAJAN, JJ
Criminal Law - Homicide - IPC Sections 143, 144, 147, 148, 324, 325, 302, 149; Arms Act Section 27 - The court summarized the ... The prosecution established involvement through eyewitness testimony, demonstrating a planned assault involving weapons, leading ... Whether the accused were guilty of murder and related charges based on eyewitness inconsistencies, collusion, and the adequacy of evidence ... Going by the oral evidence tendered by PW9 and PW13 and Ext.P7 mahazar, it is well c....
2018 Supreme(Online)(KER) 5130 • India - High Court of Kerala
A.M.SHAFFIQUE, P.SOMARAJAN, JJ
Criminal Law - Homicide - Indian Penal Code Sections - 143, 144, 147, 148, 324, 325, 302, 149; Arms Act Section 27 - The court ... affirmed the convictions based on the presence of prior concert, unlawful assembly, and the use of a deadly weapon, concluding that ... under the relevant sections of IPC and Arms Act. ... Going by the oral evidence tendered by PW9 and PW13 and Ext.P7 mahazar, it is well clear that the weapon was lying concealed in a shrubby area. ... But in the instant ca....
2016 0 Supreme(P&H) 2721 • India - Punjab and Haryana
T.P.S.MANN, H.S.MADAAN
that the weapons were used in any incident--Accused acquitted--Evidence Act, 1872, S.27. ... with regard to the accused having committed murder cannot be read against them--Evidence Act, 1872, S.27. ... Act, 1872, S.27. ... No peculiar feature of such weapons has been mentioned which could distinguish those from weapons of similar type. Thus, possibility of weapon being #HL_START....
2022 0 Supreme(All) 989 • India - Allahabad
SUNEET KUMAR, JYOTSNA SHARMA
Ratio Decidendi: The court relied on the provisions of Section 6 and Section 27 of the Indian Evidence Act to admit and consider ... Indian Evidence Act, 1872 - Section 6 - Prosecution case of murder of step-mother and step-siblings - Relevant facts connected ... Evidence Act. ... His evidence was found admissible under Section 6 of the Indian Evidence Act. 13.....
2014 0 Supreme(Del) 3226 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
of the Evidence Act. ... He appealed against the judgment, claiming that the prosecution had planted false evidence and that he was not present at the crime ... It also highlighted the onus on the appellant to explain the circumstances of the death under Section 106 of the Evidence Act. ... Learned counsel for the appellant contends that the prosecution has planted the witnesses to foist a false case against the appellant. The evidence of PW-4 Prasha....
2014 0 Supreme(Del) 1426 • India - Delhi
INDERMEET KAUR
Ratio Decidendi: The court emphasized the need for evidence to establish the use of a deadly weapon for conviction under Section ... of his use of a deadly weapon. ... Issues: The issues revolved around the identification of the accused, the use of deadly weapons, and the sufficiency of evidence ... Section 27 of the Indian Evidence Act. ... Even otherwise, the identity in TIP is only a corroborative piece of evidence#HL....
• India - Crimes
J.H.BHATIA
and 402—Preparation to commit dacoity—Conviction of appellants under—Appeal—All five accused armed with firearm and sharp cutting weapon ... were in possession of accused persons, an inference could not be drawn that they had planned, prepared and assembled to commit dacoity—Conviction ... premises for dacoity and pointed out that premises since did not lead to discovery of any material was inadmissible—Merely because weapons ... Therefore, confession made by the accused No.1 Subhash is hit by the provisions of Section 25 and 26 of the #H....
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