Read the law on admissibility of confessions before framing headlines and breaking news on sensational crimes: Kerala High Court to Media

In a message to the media, the Kerala High Court has directed reporters to refrain from framing headlines based on the ‘confessions’ made by the accused to the police..“My respectful request to the reporters of print and visual media and, of course, to the anchors of twenty four hours news channel is to read section 24 of the Evidence Act and other similar sections before framing headlines in the newspapers and before giving breaking news in News Channel based on confession statement of accused who are in police custody.”Justice PV Kunhikrishnan .Justice PV Kunhikrishnan was hearing a bail application moved by Jolly Joseph, who has been accused of killing of six members of her family over fourteen years..She moved the Court for bail in a case against her in relation to the death of her relative Annamma..After the Judge allowed Jolly bail on the ground that the evidence did not prima facie demonstrate that she was guilty of murder, he went on to make general observations on extra-judicial/confessional statements and their use in headlines..Deprecating the practice of leaking information by the investigating agencies as well as the media, the Judge stated that this would impinge upon the "fundamentals of criminal investigation"..Speaking specifically on the subject of extrajudicial statements, he stated that publication of material that was not admissible by itself in evidence would be problematic since the public would not know that the material discussed in the press was inadmissible in court..Based on the statements, the public would begin suspecting the person against whom the material is recovered, the Judge explained. When the Court passed an order based on admissible evidence “the general public” would "suspect even the judiciary", the Court took critical note..The statements made during investigations were somehow making their way to the media and the press, particularly in sensational cases, the Judge observed..“If we go through the morning newspaper or watch the news in news channels, we will get the confessions alleged to be given by the accused while in police custody. We will also get the questions that will be asked to an accused in police custody by the investigating officer and even the expected answers from the accused!! I don't know from where the media get these pieces of information. A person who knows the fundamentals of criminal investigation will skip these news because of shame.”Kerala High Court.The Court also relied on its ruling in Murukeshan v. State of Kerala wherein it was enjoined:."... all concerned should realise that once a case involving the commission of a cognizable offence has been registered and the FIR forwarded to the Magistrate concerned, the matter is sub judice and no police officer has the right to leak out information regarding the outcome of investigation until the final report is eventually filed before the Court.".Therefore, reticence was necessary the Court emphasized..While the bail was allowed, Jolly will remain in prison for the other offences she has been booked for. Another bail plea moved by her was earlier rejected by the High Court..Read the Order here: