Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 16
Page 48
48 / 130
—§—
in the eyes of suspects for the production of confessions.
Shephen, in his History of Criminal Law in England,
Vol. [. p. 442, mentions this practice:
‘During the discussions which took place on the Inclian
Code of Criminal Procedure in 1872 some observations
were made on the reasons which occasionally lead native
police officers to apply torture to prisoners. An experi-
enced civil officer observed, ‘There is a great deal of
laziness in it. It is far pleasanter to sit comfortably in
the shade rubbing red pepper into a poor devil's eyes than
to go about in the sun hunting up evicence.,’ ”’
Sections 25 and 26, born out of those practices. bar
all confessions which fall within them terms—whether
or not “yoluntary.” They are per se rules reflecting
bitter experience with the tactics of the Indian police
under British rule. Recent proposals to change the
Indian Evidence law have been rejected despite claiins
of unproved police practices: .
“Tt must be conceded that in India. the police force
as a whole is not. even today regarded as a friend of the
citizen. This is natural as the faets and circumstances
of its creation . , . cannot be forgotten so soon, ...
Tn order that the eitizen in this country should come to
look upon the Indian polieeman in the same manner
fas the Englishman regards the English policeman] the
police force in the country will have for many years to
conform to the principles and practice which have gov-
erned the conduct of the British Police. Such a course
of conduct alone can win for them the confidence and
esteem of the public.” *
In practice, these rules operate strictly. As stated,
section 26 validates only confessions made in the pres-
cnee of a magistrate. But the influence of section 25—
which exclude all confessions made to a police offi-
cer—is great; the Indian courts require a period of
“reflection” during which the accused must be isolated
7H Law Commission of India, Rep't No. 14, Reform of Tudicial
Administration 747 (1958),
i
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic