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Supreme Court — Part 16
Page 49
49 / 130
cca panama tinea tle ae a al en nN a ee MAM ae I
—_
from the police investigators before any confession may
be recorded by the Magistrate. The purpose of this is
to give him a chance to think the matter over, and to
allow the influence of any police threats, promises, or-
coercion to be dissipated. As the Indian Supreme Court
put it:
ivr a
There can be no doubt that, when an accused
is produced before the Magistrate by the investigating:
officer, it is of utmost importance that the mind of the
accused person should be completely freed from any pos-
sibly influence of the police and the effective way of
securing such freedom from fear to the accused person is
to send him to jail custody and give him adequate time:
to consider whether he should make a confession at.
all
“,. [I]t would. we think, be reasonable to insist
upon giving an accused person at least 24 hours to decide.
whether or not to make a confession. Where there may
be reason to suspect that the accused has been persuaded’
or coerced to make a confession, even longer period’
inay have to be given to him before his statement is
recorded.” *
In that case, the accused was given only one-half hour:
for “reflection,” apparently because he was “keen on
making @ confession straightaway.” That, the court said,
“should have put the learned Magistrate on his guard’
because it obviously bore traces of police pressure or-
inducement.” In yet another case the accused confessed
after having been given ten days to “reflect” by the
magistrate. But he had passed those days in a cell
supervised by some of those charged with investigating
thea ary — =aca
es er . eS Sr at ee : : ee oe ed Veta
LHe Clint, alll) CHGS Le COUHeSSION Was Nel INVA."
When our Constitution was adopted in 1787. and later
when the Bill of Rights was added. it contained very
“Sarwan Singh v. State of Punjab. All India Rep. 1057 Sup. Cr.
G37, G45-G44.
"Raja Kiama vy, State of Saurashtra, All India Rep. 1956 Sup. .
Cr. 217.
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