Explain The Exceptions Under Section 27 Of The Evidence Act

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The Exceptions under Section 27 of the Evidence Act.
Section 27 of the Evidence Act illustrates the consequences of any information received from an accused person who is under the police officer’s custody and the fact that whether it amounts to a confession or not relates to the fact as to whether or not it may be proved and it has been strictly complied with the said section. This section serves as an exception to the law of confessions as provided under s.24, 25, and 26 of the Evidence Act. The admissibility of this section is not affected by section 113 of the Criminal Procedure Code. In reference to the precedent case of Pulukuri Kotayya & Ors v Emperor, it discussed the necessary conditions required to operate the said section.
Previously, …show more content…

The Courts in United Kingdom is being excluded from exercising their discretionary power in the event which it is satisfied that it falls within any of the ambit in Police and Criminal Evidence Act 1984, In United Kingdom, a defendant is allowed to introduce a confession made by a co-defendant, subject to his proving, on the balance of probabilities, by virtue of section 128 of Criminal Justice Act 2003 which allowed an addition provision to be inserted into the Police and Criminal Evidence Act 1984 , for as long as the said confession is not made by way of oppression or in any unreliable circumstances. Furthermore, the courts in United Kingdom has been conferred and given a general discretion either to accept or refuse any statement or confession given as an evidence, under the said Act, if it is satisfied that it would result in undue waste of time, or substantially outweighs the case of admitting it, in the event where the court decided to accept the said confessions. If it is satisfied that it is necessary to secure a fair trial to the accused. …show more content…

Thus, the onus is conferred upon the defence in requesting a voir dire in determining whether the accused’s statement was made to a “person in authority” and in questioning the admissibility of the accused’s

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