SC: Confession Before Police Cannot Be Included In Charge Sheet

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The Supreme Court recently emphasized that courts should disregard confessional statements made by police officers if these statements are included in the charge-sheet.

Under Section 25 of the Indian Evidence Act and its corresponding provision, Section 23(1) of the Bharatiya Sakshya Adhiniyam, confessions made by an accused to a police officer are not admissible as evidence in court.

Division Bench comprising Justice Abhay Oka and Justice Augustine George Masih instructed the trial court to disregard confessional statements that were included in the charge-sheet in a particular case.

The Director General of Police (DGP) of Uttar Pradesh filed an affidavit stating that investigating officers generally do not record confessional statements in Uttar Pradesh. However, the DGP noted that in the current case, such statements were included in the charge-sheet by the police, making it an exceptional situation.

The DGP assured the Supreme Court that appropriate action would be taken against the investigating officer responsible for including the confessional statements in the charge-sheet.

The court had directed the DGP of Uttar Pradesh to investigate and submit a personal affidavit confirming whether including statements, especially confessions made to the police, in the charge-sheet was prevalent in Uttar Pradesh.

Read Order:
Sanju Bansal v. State of Uttar Pradesh