The Supreme Court recently slammed the Uttar Pradesh Police for including statements of accused recorded during police interrogation in the chargesheet [Sanuj Bansal v. State of Uttar Pradesh and Another]..Taking note that some of the statements were confessional statements, a Bench of Justices Abhay S Oka and Ujjal Bhuyan said,"We find that so-called statements of the accused which are allegedly recorded during interrogation are forming part of the charge-sheet. Some of them are in the nature of alleged confessional statements. Prima facie, this is illegal.".The Court has also directed the Director General of Police (DGP), Uttar Pradesh to conduct an investigation and thereafter submit a personal affidavit regarding the practice of adding such statements in the chargesheet.As per Sections 25 and 26 of the Evidence Act, 1872, confessions made by the accused in the custody of police are not admissible as evidence in a court of law..The matter is now next posted for consideration on July 12, 2024..Senior Advocate Vinay Prabhakar Navare and advocates Rashmi SIngh, Anushri Singh and Ashish Kumar Pandey appeared for the appellant.Additional Advocate General Garima Prasad and advocates Vishnu Shankar Jain, Sumit Arora, Mani Munjal, Marbiang Khongwir and Parth Yadav appeared for the respondents. .[Read Order]
The Supreme Court recently slammed the Uttar Pradesh Police for including statements of accused recorded during police interrogation in the chargesheet [Sanuj Bansal v. State of Uttar Pradesh and Another]..Taking note that some of the statements were confessional statements, a Bench of Justices Abhay S Oka and Ujjal Bhuyan said,"We find that so-called statements of the accused which are allegedly recorded during interrogation are forming part of the charge-sheet. Some of them are in the nature of alleged confessional statements. Prima facie, this is illegal.".The Court has also directed the Director General of Police (DGP), Uttar Pradesh to conduct an investigation and thereafter submit a personal affidavit regarding the practice of adding such statements in the chargesheet.As per Sections 25 and 26 of the Evidence Act, 1872, confessions made by the accused in the custody of police are not admissible as evidence in a court of law..The matter is now next posted for consideration on July 12, 2024..Senior Advocate Vinay Prabhakar Navare and advocates Rashmi SIngh, Anushri Singh and Ashish Kumar Pandey appeared for the appellant.Additional Advocate General Garima Prasad and advocates Vishnu Shankar Jain, Sumit Arora, Mani Munjal, Marbiang Khongwir and Parth Yadav appeared for the respondents. .[Read Order]