Category: Criminal Law

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding:A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise, having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Image Source: subrenovationis.files.wordpress.com ADVERTISEMENTS: Comments: A confession is an admission by the accused. Section 17 defines admission as statements from which an inference can be…

Legal provisions regarding tender of pardon to accomplice under section 309 of the Code of Criminal Procedure, 1973.(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this Section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned whether as principle…