Advanced Search Results

Deoman Upadhyaya Vs. State

Court : Allahabad

Subject : CriminalConstitution

Acts : Constitution of India - Articles 13, 14 and 20(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 27, 161, 162 and 162(2); Evidence Act, 1872 - Sections 25, 26 and 27

Reported in : AIR1960All1; 1960CriLJ1

Desai, J. 1. I respectfully dissent from the view taken by my learned brothers that Section 27, Evidence Act, and Section 162(2), Cr. P. C. are void on account of denying equality before the law guaranteed by … be proved.' Whether the section is an exception to only Section 26, which immediately precedes it, or to Sections 25 and 26, or to Sections 24, 25 and 26 was once a matter in controversy. It is more

R.N. Kaker Vs. Shabir FidahuseIn and Another

Court : Mumbai

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 9, 14, 21, 41, 42, 42(2), 43, 44, 52, 53, 67 and 173; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) , 1973 - Sections 102(3), 161, 162, 173, 190 and 202; Bihar and Orissa Excise Act, 1915 - Sections 156; Sea Customs Act, 1878 - Sections 170; Central Excises Act, 1944; Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1); Customs Act - Sections 108

Reported in : 1989(1)BomCR503; 1990CriLJ144

Act, 1985 ?(b) Whether the statements made before them are inadmssible in evidence under Section 25 of the Evidence Act or under Section 162 of the Code of Criminal Procedure ?2. The facts leading to the present petition, … the Code of Criminal Procedure.17. I, therefore, pass the following order : (i) Criminal - police officer - Sections 53 and 67 of Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 of Indian Evidence Act, 1872

Sanjay @ Kaka Etc. Etc. Vs. the State (Ncc.T. of Delhi)

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 302, 392/34, 394, 397, 398, 342 and 411; Arms Act, 1959 - Sections 25, 27, 54 and 59; Terrorist and Disruption Activities (Prevention) Amendment Act, 1993 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 24, 25 to 26, 27 and 114

Reported in : AIR2001SC979; 2001(1)ALD(Cri)427; 2001CriLJ1231; JT2001(2)SC461; 2001(1)SCALE695; (2001)3SCC190; [2001]1SCR904

police cannot be proved against him. However, to the aforesaid rule of Sections 25 to 26 of the Evidence Act, there is an exception carved out by Section 27 providing that when any fact is deposed to as

Barkat Ram Kishan Lal Vs. the State

Court : Punjab and Haryana

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 25 and 27

Reported in : AIR1959P& H287; 1959CriLJ764

contended before us that any confession made to the customs officer is barred by Section 25 of the Evidence Act. The learned counsel argues that the duty of the customs officers is to prevent and detect crimes. It … a judgment/order passed by a Single Judge in an appeal arising out of a proceeding under a Special Act. Sections 100-A [As inserted by Act 22 of 2002] & 104:[Dr. B.S. Chauhan, CJ, L. Mohapatra & A.S. Naidu,

Ram Singh Vs. Sonia and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Arms Act - Sections 25(1B); Indian Penal Code (IPC) - Sections 34, 120B, 201 and 302; Evidence Act, 1872 - Sections 24, 25, 26, 45 and 91; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 164(2), 164(4), 235(2), 281, 354(3), 364, 463, 463(1), 533 and 533(1); Constitution of India - Articles 19, 21 and 136

Reported in : AIR2007SC1218; 2007CriLJ1642; JT2007(3)SC287; 2007(3)SCALE106; (2007)3SCC1; 2007AIRSCW1278; 2007)2SCC(Cri)1; (2007)2Crimes1(SC); 2007(1)LawHerald(SC)771.; MANU/SC/7109/2007

case I would hold that Paramhansa was in police custody for the purpose of Section 26 of the Evidence Act from the date of his interrogation by the Inspector on 17.2.1962 and that he continued to be in … to death and to pay a fine of Rs. 2000/- each. A-1 and A-2 were further convicted under Sections 25(1-B)(b) and 25(1-B(a) of the Arms Act respectively and sentenced to undergo rigorous imprisonment for a period of one

Savita Namdev Dethe and Another Vs. The State of Maharashtra

Court : Mumbai

Subject : Criminal

on the ground that the F.I.R., at Exhibit 43, suffers from the vice of Section 25 of the Evidence Act as the said F.I.R. came to be reported by PW-11 Shri Wagaj who after extracting the confession from … said case, it was registered as Sessions Case No.101 of 2006. The charge was framed below Exhibit-4 under Sections 302 and 201 read with Section 34 of the Indian Penal Code against both the appellants. The said

Nandu Sharma Vs. State of Bihar

Court : Patna

Subject : Criminal

Acts : Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 21 and 25; Evidence Act - Sections 25, 26 and 27; Code of Criminal Procedure (CrPC) - Sections 293

Court to the relevant guiding provisions which can be found in Sections 25, 26 and 27 of the Evidence Act. He has placed reliance on a judgment rendered by the Supreme Court in the case of Anter Singh

Sita Ram Vs. State of Uttar Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 25

Reported in : 1966CriLJ1519; [1966]SuppSCR265

ground that it amounts to a confession to a police officer and that, therefore, s. 25 of the Evidence Act renders it inadmissible in evidence. We do not think that the objection is well-founded. No doubt, the letter … appellant's conviction could be sustained. 11. The appeal is without any merit and is accordingly dismissed. Bachawat, J.12. Section 25 of the Indian Evidence Act reads : 'No confession made to a police officer shall be proved

Abdul Rashid Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8; Bihar and Orrisa Excise Act, 1915 - Sections 78; Evidence Act, 1872 - Sections 25

Reported in : AIR2001SC2422; 2001(2)ALD(Cri)164; 2001(1)ALT(Cri)373; 2001(49)BLJR2368; 2001CriLJ3290; JT2001(3)SC183; RLW2001(2)SC350; 2001(3)SCALE546; (2001)9SCC578

is irresistible that the said officer is a Police Officer for the purpose of Section 25 of the Evidence Act, and therefore, a confessional statement of an accused made to such Excise Officer would be inadmissible in evidence. … also further came to the conclusion that in view of the positive provisions contained in Sub-section (3) of Section 78 and the powers which an Excise Officer exercises under the provisions of the Bihar and Orissa Excise

Geejaganda Somaiah Vs. State of Karnataka

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 25 to 26, 27, 106 and 114; India Penal Code (IPC), 1860 - Sections 34 and 302; Constitution of India - Article 14

Reported in : AIR2007SC1355; (2007)2CALLT86(SC); 2007CriLJ1792; JT2007(4)SC380; 2007(4)SCALE314; (2007)9SCC315; 2007AIRSCW1681; (2007)3SCC(Cri)135; (2007)3Crimes38(SC); 2007LawHerald(SC)968; 2007(3)AIRKarR117(SC).; [2007] 3 SCR 899

accused person while in custody of police cannot be proved against him. However, to the aforesaid rule of Sections 25 to 26 of the Evidence Act, there is an exception carved out by Section 27 the Evidence Act … of FSL Officer and his report equally established that the bloodstains were there. Section 114 of the Indian Evidence Act, 1872 (in short 'Evidence Act') has also application. As held by this Court in J.P. Anand v. D.G.