ARTICLES

INDIA MAKES GAINS IN DIGITAL TECH RACE

INDIA MAKES GAINS IN DIGITAL TECH RACE

India has advanced four places to 44th position in terms of digital competitiveness in the world as the country has made improvements in terms of knowledge and future readiness to adopt and explore digital technologies, according to a global report.

India rose from 48th place in 2018 to 44th rank this year as the country has improved overall in all factors - knowledge, technology, and future-readiness - as compared to last year’s ranking.

“India advanced four places to 44th position in 2019, with the biggest improvement in the technology sub-factor level, holding the first position in telecommunications investment,” according to the IMD World Digital Competitiveness Ranking 2019 (WDCR).

The US was ranked as the world’s most digitally competitive economy, followed by Singapore in second place. Sweden was ranked third, followed by Denmark and Switzerland in the fourth and fifth spots, respectively.

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Others in the list of top 10 most digitally competitive economies include the Netherlands (6), Finland (7), Hong Kong SAR (8), Norway (9) and South Korea (10).

The largest jump in the overall ranking was registered by China, rising from 30th to 22nd, and Indonesia, from 62nd to 56th.

“In the case of China, the improvement originated mainly in the knowledge factor (18th) in which it progressed in the training and education sub-factor (from 46th to 37th) and in scientific concentration (21st to 9th),” the report said.

Several Asian economies advanced significantly in the ranking compared to last year. Hong Kong SAR (8) and South Korea (10) entered the top 10 for the first time, while Taiwan and China moved up to 13th and 22nd places, respectively.

“India and Indonesia jumped four and six positions, respectively, supported by positive results in talent, training, and education as well as the enhancement of technological infrastructure,” said Arturo Bris, director of the IMD World Competitiveness Center.

The rankings, produced by the IMD World Competitiveness Center, measures the capacity and readiness of 63 nations to adopt and explore digital technologies as a key driver for economic transformation in business, government and wider society.

To evaluate an economy, WDCR examines three factors: knowledge, the capacity to understand and learn the new technologies; technology, the competence to develop new digital innovations; and future-readiness, the preparedness for the coming developments.

 

STATE OF JAMMU AND KASHMIR: WHEN DEMOCRACY WAS REDEFINED

STATE OF JAMMU AND KASHMIR: WHEN DEMOCRACY WAS REDEFINED

On 5th August 2019 the Indian Parliament revoked Jammu and Kashmir’s special status embedded in Article 370 of the Indian Constitution and bifurcated the State into two Union territories — Jammu and Kashmir with a legislature and Ladakh. 

Thereafter the developments in the Valley are- enhanced security measures and a massive deployment of troops, imposition of Section 144 of the Criminal Procedure Code (prohibiting assembly of more than four persons) since the night of 4th August 2019, restrictions /lockdown on several locations across the city, roads are blocked, pedestrian movements are restrained as well, shops, schools, colleges remain shut, the telephone lines are down, the ambulance helplines are not working, landline, internet, and other messaging tools are not working, for tourism-dependent local entrepreneurs it’s a huge blow since both Indian and foreign tourist have departed. And yes the mainstream political leaders, the democratically elected representatives are under detention. About 300 political leaders, including two former Chief Ministers — Omar Abdullah of the National Conference (NC) and Mehbooba Mufti of the People’s Democratic Party (PDP) — are either under house arrest or detained in guest houses. 

This continues to be the situation after 2 months 16 days. Top Politicians claim that the situation in the Valley is under control and normal; that the curfew and restrictions are placed will be lifted in the near coming months; that the misuse of Article 370, the root cause of cross-border terrorism, has been removed and that the State of Jammu and Kashmir is now part of India.  

The question arises- Is everything really “normal” in the Valley? Is arresting and detaining elected representatives, curtailing basic Human and fundamental rights of the people, making one live under the shadow of fear, forcing decisions upon population unwillingly to accept, where permission is required from the Hon’ble Court to meet and communicate with one’s family members residing in the Valley the definition normalcy? Wasn’t Article 370 considered a bridge to link India and the State of Jammu and Kashmir? And weren’t various laws extend to and applied to the State of Jammu and Kashmir through various Presidential Orders thus making it part of India?  

The Controversy about the legality of the abrogation of Article 370 of the India Constitution will be decided by Hon’ble Supreme Court as Courts act as interpreters of the Constitution. On 28th August 2019, the Hon’ble Supreme Court agreed to hear petitions challenging abrogation of Article 370 and the next date fixed for hearing is 14th November 2019. However for argument's sake and with due respect to all, if one looks upon the provisions and essential elements of Article 370, Article 368 (2) of the Indian Constitution and Article 147 of the Constitution of State of Jammu and Kashmir Article 370 cannot be amended or abrogated.

The people in the State have always lived in fear and continue to do so. Reports depict that the State has bled since ages due to gross violation of human rights, massacre, rape, and murder of people, for being branded and classified as “anti- India” and “Pro- Pakistan”. It is highly unfortunate that because of a handful of people the whole State suffers, is crushed upon with their loyalty being questioned.

This abrogation has been questioned at the International level and has become a focal point of geopolitics. 

There are reports of protests by human rights activists in foreign countries and voices are been raised for the rights of people in the State. Some people question where these activists were when Kashmiri Pandits were slaughtered and driven out of the State? Indeed what happened with the Kashmiri Pandits was wrong and should not have happened. However what people fail to understand is that questions were raised then also, schemes and policies were drawn by the government to rehabilitate them. The brutal scars left in the minds and hearts of the Kashmiri Pandits have stopped them from returning to their home and no matter how many schemes and policies are laid down those scars cannot be healed. Question is- Will this abrogation bring them justice as claimed by some? 

The consequences that will follow once the curfew is lifted and elected representatives are no longer under detention is a matter of consideration. As of now, one does fail to understand how is the ground situation different prior to and after the abrogation of Article 370 of the Indian Constitution.

 

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LEGAL NEWS

SC grants bail to P. Chidambaram in CBI’s INX Media Case
Supreme Court bench of Justice R. Banumathi, Justice A.S. Bopanna and Justice Hrishikesh Roy granted bail to former Union Finance Minister P Chidambaram in the case registered by CBI on corruption allegations in relation to INX Media FDI transaction. Since Chidambaram is at present under the custody of Enforcement Directorate, he will not be able to walk free despite the bail granted by SC in this case. P. Chidambaram was arrested from his Jor Bagh residence on August 21 by the CBI and has been custody since then.
Date - Tue, 22 Oct 2019 01:01 PM


Absence of injury to the prosecutrix means there was consent to sexual intercourse: Punjab and Haryana HC
Punjab and Haryana High Court division bench of Justice Jaswant Singh and Justice Lalit Batra refused to grant Leave to Appeal against the judgment of acquittal in a rape case mentioning that absence of injury on the person of the prosecutrix would lead to an inference that she was a consenting party to sexual intercourse. "Medical Expert…has stated that there were chances of recent sexual intercourse with the prosecutrix…the doctor did not find any injury on the person of the prosecutrix, from which, it can be inferred that she was a consenting party to the sexual intercourse. There is no corroborative evidence to the testimony of the prosecutrix that she was a victim of rape…in these circumstances, we inclined to extend the benefit of the doubt to the respondents," observed the court. | Union Territory, Chandigarh vs. Amit Kumar @ Rachu and others| 16/10/2019
Date - Tue, 22 Oct 2019 01:01 PM


High Court cannot modify an order by Supreme Court under Section 482 CrPC: SC
Supreme Court bench of Justice Indira Banerjee and Justice MR Shah has observed that the inherent power of the High Court under Section 482 of the Code of Criminal Procedure does not enable the High Court to alter, add to, modify or vary any order that has been affirmed by the Supreme Court. In the present case accused was convicted for embezzlement for 69 challan cases. After the conviction was upheld in the Supreme Court, in an appeal under 482 CrPC the High Court modified the sentence for concurrent conviction. While setting aside the High Court order, SC bench said that "The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice, does not enable the High Court to alter, add to, modify or vary any order that has been affirmed by the Supreme Court."| State of Punjab vs. Ranjit Kaur| 14/10/2019
Date - Tue, 22 Oct 2019 01:01 PM


Bombay HC reversed the conviction of an accused in Bombay Riots of 1992
The Bombay High Court bench of Justice Sadhna S. Jadhav set aside the conviction of Abdul Gani Mulla, a man sentenced to seven years in prison for allegedly ransacking the house, assaulting the wife and children of another man Balkrishna during the Bombay riots of 1992. The incident allegedly took place on December 7, 1992 after riots had broken out all over Mumbai post the demolition of Babri Masjid at Ayodhya by Kar Sevaks. Incidents of pelting stones and burning of vehicles, public and private, were being reported all over Mumbai. The suspected the terms of complainant with the accused and made the observation that "The area where incident has occurred was occupied by Hindus and Muslim. Communal riots were unknown to the said area prior to 07/12/1992 except some quarrel between complainant and the accused no. 13. That, all the 13 accused named by PW-1 Balkrishna are acquitted of all the charges leveled against them. There was no charge framed against the present appellant for an offense under sections 452 or 326 of the Indian Penal Code." |Abdul Gani Kamruddin Mulla vs. Senior Inspector of Police and Anr.|10/10/2019
Date - Tue, 22 Oct 2019 01:01 PM


SC ordered transfer of ‘Sex CD’ case out of Chhattisgarh on CBI’s plea
Supreme Court issued a notice to Chhattisgarh Chief Minister Bhupesh Baghel on CBI's plea to transfer the trial of the 2017 'sex CD' case out of the state. The case is related to a CD which surfaced in October 2017 allegedly featuring sexual acts of Rajesh Munat, who was the Minister for Public Works Department in the then BJP government. CBI earlier had submitted that witnesses in the case were feeling threatened by the Chief Minister.
Date - Tue, 22 Oct 2019 01:01 PM


Ayodhya Babari Case: Muslim Parties submitted a statement to mould relief in the case such to reflect the 'constitutional values’
Muslim parties in the Ayodhya-Babri Masjid title dispute case have urged the Supreme Court to mould the relief in the case in such a fashion to reflect the 'constitutional values that this great nation espouses'. A joint statement filed by seven Muslim parties in the case. "The decision by this Hon'ble Court, whichever way it goes, will impact future generations. It will also have consequences for the polity of this country" said the parties. When moulding the relief, this Court must also consider how future generations will view this verdict", the statement by Senior Advocate Rajeev Dhavan said to the court.
Date - Tue, 22 Oct 2019 01:01 PM


Government denied to the circular that bans use of mobile in state's university and degree colleges
Earlier it was reported that the Directorate of Higher Education in Uttar Pradesh has issued a circular, prohibiting the use of mobile phones in colleges and universities in the state. Uttar Pradesh Deputy CM Dinesh Sharma refuted the reports has said that government has not issued any order to ban use of mobile phones by students in the state's university and degree colleges. "Yes, the students are expected to keep their phones on silent or switch off mode during classes so that teaching is not disturbed… That order already exists," he added.
Date - Tue, 22 Oct 2019 01:01 PM


LEGAL NOTES

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PROVISIONS FOR BAIL UNDER CRPC

“The issue of bail is one of liberty, justice, public safety and burden of the public

treasury, all of which insist that a developed jurisprudence of bail is integral to

a socially sensitized judicial process”.

 – Justice V.R. Krishna Iyer

 

Bail is a kind of Security which is given by the accused to the court that he will attend the proceedings against the accusations made upon him and include personal bond and bail bond. The term bail is not defined under CRPC, although the terms “ bailable offense” and “non-bailable offense” have been defined (Sec. 2a). “Bail” has been defined in the Law Lexicon as Security for the appearance of the accused person on giving which he is released pending trial or investigation. Govind Prasad v. State of  West Bengal, 1975 CriLJ 1249.

The distinction between bailable and non-bailable offenses is based on the gravity of the offence, danger of accused absconding, tampering of evidence, previous conduct, health, age and sex of the accused person. Though the schedule for classification of offenses as bailable or non-bailable is provided in Crpc; however, it is mostly the offenses which are punishable with imprisonment for not less than three years that are classified as non-bailable.

The concept of bail emerges from the conflict between the police power to restrict the liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the person accused of an offense. Bail is regarded as a mechanism whereby the State imposes upon the community the function of Securing the presence of the prisoners, and at the same time involves the participation of the community in the administration of justice. The provisions relating to the grant of bail are enshrined in Chapter XXXIII, under Sections 436-450 of Cr.P.C Offences have been classified into bailable and non-bailable and “cognizable” and “non-cognizable”. Officer-in-charge of the police station, Magistrate, Sessions Court, and High Court are empowered under Cr.P.C. to deal with bail, imposing conditions on bail, cancellation of bail or anticipatory bail. 

 

Provisions As To Bail And Bonds 

Sec. 436: In What Cases Bail To Be Taken

Sec. 436a: Maximum Period For Which An Undertrial Prisoner Can Be Detained

Sec.437: When Bail May Taken In Case Of Non-bailable Offence

Sec.437a: bail To Require Accused To Appear Before The Next Appellate Court

Sec.438: Directions For Grant Of Bail To Person Apprehending Bail

Sec.439: Special Powers Or High Court And Court Of Session Regarding Bail

Sec.440: Amount Of Bond And Reduction Thereof

Sec.441: Bond Of Accused And Sureties 

Sec.441A: declaration By Sureties

Sec.442: Discharge From Custody

Sec 443: Power to order sufficient bail when that first taken is insufficient.

Sec 444: discharge of sureties

Sec 445: Deposit instead of recognizance

Sec 446: Procedure when the bond has been forfeited

Sec 446A: Cancellation of bail and bail bond

Sec 447: Procedure in case of insolvency or death of surety or when a bond is forfeited

Sec 448: Bond required from minor

Sec 449: Appeal from orders under Section 446

Sec 450: Power to direct levy of the amount due on certain recognizance

The Code of Criminal Procedure, 1973 contains elaborate provisions relating to bails. Code provide different kinds of bail :-

  • Bail in Bailable offense (Section 436)

  • Bail in Non-bailable offense (section 437)

  • Anticipatory bail (section 438)

  • Ad interim bail

  • Bail after conviction (section 389)

  • Bail on default (section 167(2)

BAIL PROVISIONS IN CASE OF BAILABLE OFFENCE

Section 436 provides for the release on bail of a person accused of a bailable offense. Section436 of Cr.PC is mandatory in nature and the court or the police have no discretion in the matter. Any accused person arrested for a bailable offense willing to provide bail must be released. The only discretion available with the police is to release the accused either on a personal bond or with sureties. In cases where the accused is unable to provide bail, the police officer must produce the accused person before the Magistrate within 24 hours of arrest as specified under s. 57 of Cr.P.C. Subsequently, when the person accused of an offense is produced before a Magistrate and is willing to furnish bail, then the Magistrate must release the accused person and the only discretion available is to release either on personal bond or a bond with sureties. The Magistrate cannot authorize the detention of a person who is willing to furnish bail with or without sureties even for the purposes of aiding the investigation.

BAIL PROVISIONS IN CASE OF NON-BAILABLE OFFENCE

Provision, as to bail in case of non-bailable offense, is laid down in Section 437 of the code. This section gives discretionary power to the Court (other than High court or Court of Session) to release an accused on bail in a non-bailable case. It lists down circumstances when bail will not be granted or when shall bail be granted with specific condition etc.

 

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WRITS UNDER THE INDIAN CONSTITUTION

Introduction:

In common law, Writ is a formal written order issued by a body with administrative or judicial jurisdiction.

In India writs provides the citizen as well as person a right to directly approach the Court   in situations wherein their rights are infringed or are on the verge of infringement.

It should be taken into consideration that the concept of writ is alone wherein the High Courts enjoy more jurisdiction as compared to the Supreme Court.

 

Five Type of Writs:

There are five types of writs in the Indian Constitution stated in Article 32 for Supreme Court and Article 226 for High Court. They are

  1. Habeas Corpus
  2. Quo-Warranto
  3. Mandamus
  4. Prohibition
  5. Certiorari
     
  1. Habeas Corpus: (to have the body)

The first writ is of Habeas Corpus. It emanated from the 39th clause of Magna Carta, which was signed and authorized by King John in the year 1215. The term ‘Habeas Corpus’ is a Latin term which means ‘to have the body’. The main purpose of this writ was to provide security to a person who has been illegally detained. Within the terms of this writ unlawful or illegal detention shall take place if-

  • If the detention is not as per the law of the territory or if the procedures are not duly followed.
  • Laws of land are infringed while detaining a person.
  • It surpasses the authority which was entrusted by Legislature.

The Indian Constitution under Article 20, provides protection to a person in respect of conviction for offences and under Article 21 protects the personal life and liberty of a person. Whereas under Article 22, the Constitution provides protection against arrest and detention and it also lays the rights of detainee. Based on these articles the Court shall analyse the authenticity of the detention of a person.

 

Case law- Sheela Barse vs State of Maharashtra

  • Sheela Barse a journalist by profession had filed a writ petition on the pretext that she had interviewed 15 women prisoners in Bombay on 11/05/1982.
  • She stated that during the interview she found out that two prisoners were assaulted within the jail premises.
  • Based on her allegations the Court had ordered and directed Dr (Miss) A.R.Desai, Director of college of Social Work to investigate into the matter and submit a report.
  • The report submitted by Dr (Miss) A.R.Desai proved that the allegations were true.
  • Subsequently, the Court ordered for certain safety measures that had to be followed for protecting the women prisoners and also the officials responsible for the carelessness and inaccuracy were punished.

 

  1. Qua warranto: (by what authority)

The word ‘Qua warranto’ is derived from a Latin term which means ‘by what authority’. In simpler terms this writ questions the authority who lays a down a particular decision. In legal aspect this writ is issued to a person who holds a public office. The person who enjoys the position of a public officer is answerable to the Court for his/her acts. The public officer has to satisfy the Court that he/she is legally entitled to hold the office. This writ does not lay emphasis on the concept of ‘locus standi’ and any person can approach the Court under this writ. It is not a pre-condition the sufferer c an alone file this writ.

This writ can be filed under various circumstances such as:

  • test the validity of an election of a person in a university syndicate
  • test the validity of Nomination of members to a Legislative Council by Governor
  • to examine the appointment of Chief Minister, Chief Justice, Advocate and Attorney General, University Teachers etc.

Conditions for Issue of Quo Warranto

  • The offence must be substantive in nature.
  • The person under question must legally hold a public office which is established by or under Constitution.
  • There must be a contravention in constitution in appointing the person for that office.

Case law- Purushottam Lal vs State of Rajasthan 

  •  In this case this writ was filed the Rajasthan’s Chief Minister stating that he was not legally elected to the post and he was holding the post illegally.
  • Thus the office of the Chief Minister was in question with regards to its validity.
  • However, the petition was rejected in the Court on the grounds that, if the CM holds office without authority, then it is breach of constitutional provision.
  • The Court further stated that the office of the Chief Minister is created by the Constitutional Provision and based on this the member of assembly is not a purpose of office.
  • The Court was of the view that the objecting the election of the Chief Minister cannot be included in this writ and the same can be done by filing an election petition.
  • This decision clearly stated that if the person with no or improper qualification was appointed as a Chief Minister by the Governor under Article 164 of the Indian Constitution, the decision cannot be challenged.
  • Because the Governor enjoys discretionary powers under Article 361 and the appointed can be deserted by the High Court if it thinks fit.
  • In the case ‘Y.S.Raja Sekar Reddy vs Nara Chandra Babu Naidu’ a quo warranto cannot be issued for dismissing the Chief Minister of a state on the reason of non-performance of his constitutional duty.

 

  1. Mandamus- (We command)

Mandamus means ‘we command’. This writ is in the form of an order from the Supreme Court or High Court to the lower court i.e.

  • Lower or Subordinate courts
  • Tribunal.
  • Public Authority.

Under this writ the higher Judicial courts orders their subordinates to perform a public or a statutory duty.

This writ is more in the nature of a command which is issued to any Government, subordinate court or corporation or public authority in case there is any failure on their part to the work effectively and efficiently.

 

 

Limitations for Mandamus:

Supreme Court cannot issue writs to

  • President or State Governors
  • Chief Justice of High Courts
  • Against any private individual
  • Duties on voluntary interest
  • State government to appoint a commission for any enquiry in the state 
  • Delegated legislative to make further rules in statutory provisions
  • To enforce the payment of money of a person in a civil liability
  • Directing the government to make reservations (Article 16[4])

Case law- Tata Cellular vs UOI 

  • The Apex Court stated that the Judiciary cannot intervene in the Government’s freedom of contract, invitation of tenders and refusal of tenders.
  • It also held that the Courts are eligible to intervene if the conduct of the Government was induced by illegal, unreasonable or unfair activities.

 

  1. Certiorari – (To Be Certified):

The writ of Certiorari is issued by a Superior Court to its lower or inferior courts or to any other public authority. By virtue of this writ of the Superior Courts are entitled to receive the records of any proceeding for reviewing the same.

Generally, this writ is issued to revoke the order passed by the lower courts or other quasi-judicial bodies.

Conditions for Issue of Writ of Certiorari:

  • There must be a court, tribunal or an authorised person having a legal right to act judicially.
  • Such court, tribunal or officer must have acted or passed an order without jurisdiction or in excess of judicial authority.
  • The order in question was against the principle of Natural Justice.
  • The order contains an error of judgement.
  • The order is against the constitution or is in contravention with the fundamental rights.
     

 

  1. Prohibition- (to prohibit)

This writ is issued by the Superior Court to the Inferior Court with a view to disallow or forbid the orders that were passed by them. The major difference between the writ of certiorari and prohibition are as follows:

  • Certiorari – issued to quash a decision after completion of proceedings.
  • Prohibition – issued before the completion of proceedings.

 

Conclusion:

The writ jurisdiction of the Indian Legal System is a blessing to its democracy. The writs not only allow the citizen to approach the Judiciary directly, but it also gives an opportunity to the persons as well under certain circumstances. It sort of helps the victim or persons acting on behalf of the victim to avail speedy recovery. Thus, it is necessary the concept of writs should be duly and diligently followed, so that the faith of people in its legal system prevails.

 

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Evidentiary value of extra judicial confession

The needs of extra judicial confession actually creep in when the urgency of the matter exceed fair judicial process. These are made by the party elsewhere then before a magistrate or in the court. The word used by the accused in such a confession weight the higher value that such exact words would be necessary to give the court an impression of what the true confession was. It can be made before a Magistrate who is not especially empowered to record confession u/s 164 CrPC or before a private individual. However unlike other form of confession extra judicial confession u/s 26 has its own limitations. Extra judicial confession made before persons with whom the accused had no relationship could not be relied upon. In Tarseeem Kumar v. Delhi Administration, 1995 the accused was acquitted on the ground that the extra judicial confession, as claimed, was made before stock witness who was casually knowing the accused. Such a extra judicial confession lacks credibility before the court. In state of Haryana v. Ved Prakash 1994 it was alleged that the accused made extra judicial confession to a Doctor and another person, both the strangers and the same was tape-recorded as if it was anticipated and the tape-recorder kept ready. Such a statement was not a confession in nature because of denoted influence and involuntariness of the accused to state such fact whether true or not. The nature of the confession is always voluntary where accuse submit himself before the fair people in just belief. Where extra judicial confession was made to a stranger and the excat words were not recorded and corpus delicit i.e, substance or foundation of an offence was not available, it was held that the confession could not be relied upon.

In Gura Singh v. State of Rajasthan 2001 the evidentiary value attached to the extra judicial confession was explained;

            “it is settled position of law that extra judicial confession, if true and voluntary, can be relied upon by the court to convict the accused for the commission of the crime alleged. Despite inherent weakness of the extra judicial confession as an item of evidence, it cannot be ignored when shown that such confession was made before a person who has no reason to state falsely and to whom it is made in the circumstances which tend to support the statement. Further, relying upon the judgment in Rao Shiv Bahadur Singh v. State of Vindhya Pradesh the has again in Maghar Singh v. State of Punjab held that the evidence in the form of extra judicial confession made by the accused to witness cannot be always termed to be a tainted evidence. Corroboration of such evidence is required only by the way of abundant caution. If the court believes the witness before whom the confession is made and is satisfied that the confession was true and voluntarily made, then the conviction can be found on the evidence alone. In Kishore Chand v. State of H.P. this court held that an unambiguous extra judicial confession possess high probative value force as it emanates from the person who committed the crime and is admissible in evidence provided it is free from suspicion and suggestion of any falsity. However, before relying on the alleged confession, the court has to be satisfied that it is voluntary and is not the result of inducement, threat, or promise envisaged u/s 24 of Evidence Act or was brought about in suspicious circumstances to circumvent section 25 and 26. The court is required to look into surrounding circumstances to find out as to whether such confession is not inspired by any improper or collateral consideration or circumvention of law suggesting that it may not be true. All relevant circumstances such as the person to whom the confession is made the time and place of making it, the circumstances in which it was made have to be scrutinized.”

Thus, in examining the weight of evidentiary value of extra judicial confession it is necessary to check whether the accused was the free man while making such a statement which can in all the probabilities go against him and can criminalise him. 

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