CLAT Exam  >  CLAT Questions  >   Directions: Read the passage and answer the ... Start Learning for Free
Directions: Read the passage and answer the question that follows.
Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.
Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?
  • a)
    Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.
  • b)
    No, because the confession was recorded neither in documentary nor in video format.
  • c)
    No, as the confessions made before the police when under custody are not admissible in the court.
  • d)
    Yes, as the superintendent of the police was a neutral and unbiased person.
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the question that follows.Sta...
Option A is incorrect as rank of the police officer before whom the confession is made is immaterial. If the confession is made when under the custody of the police, it is inadmissible. Option B is incorrect as it is immaterial in which form the statement of confession is recorded. The essence is that confessions made before police when under police custody are not admissible in the court. Therefore, option C is correct.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Sobo was arrested by the Delhi police for allegedly committing affray near Rajiv Chowk. During the police custody, upon torture, Sobo wrote a letter wherein he confessed to committing affray and sent the same letter to an influential IAS officer of the area. Would this evidence be admissible in the court?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Lakhan, a notorious goon of Bihar, was arrested for allegedly committing criminal breach of trust. During the police custody, he did not confess to criminal breach of trust but did confess to all of his previous crimes. The police videographed his evidence. Would this be admissible in the court in the present case?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Omar was giving a speech in the urban area of Mumbai wherein he was alleged to promote enmity between two religious groups. One of the policemen, Kumar, from the police station where the FIR against Omar was filed happened to be attending that event off-duty. Kumar had a full recording of Omar's speech and police wants to present this as an evidence before the court. Can the prosecution do so?

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Anand kills Mahesh and enters in his diary that he has killed Mahesh. He then hides the diary and absconds. During a search operation the police finds the diary and now wishes to produce this as evidence of Anand's confession in the court. Can it be admitted in court?

Top Courses for CLAT

Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer?
Question Description
Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the question that follows.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence. In this case, the accused were convicted under Section 302 IPC by the Trial Court and their appeals were dismissed by the High Court of Karnataka. In appeal, the Apex Court bench noted that the entire case of the prosecution is based on the so-called confessional statements or voluntary statements given by accused while they were in police custody. As per the police, all the accused were arrested from a school building and formally arrested the next day. They confessed to as many as 24 crimes committed by them. Their confessions of how they planned and executed the murders has been captured on a video, which was also exhibited before the court. The Trial Court had held that these video tapes can also be used as corroborative evidence. This view was upheld by the High Court. Both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements. Under Article 20 (3) of the Constitution of India, an accused cannot be compelled to be a witness against himself. Again, under Section 25 of the Indian Evidence Act, 1872; a confessional statement given by an accused before a Police officer is inadmissible as evidence., the bench observed. The court also referred to a recent judgment Venkatesh @ Chandra vs State of Karnataka in which similar observations were made.Q. Toshak was arrested for allegedly committing a crime under Section 272 of the Indian Penal Code. Upon arrest and torture by the police, and knowing that the punishment for such a crime is not much, he confessed before the superintendent of the police that he committed the crime. The confession was not recorded in either documentary or video format but the superintendent presented himself before the court as a witness of the confession made by Toshak. Will Toshak's confession be admissible in the court?a)Yes, as the confession was made before the superintendent and the superintendent himself appeared as a witness.b)No, because the confession was recorded neither in documentary nor in video format.c)No, as the confessions made before the police when under custody are not admissible in the court.d)Yes, as the superintendent of the police was a neutral and unbiased person.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev