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Supreme Court — Part 16

130 pages · May 11, 2026 · Document date: Sep 3, 1957 · Broad topic: General · Topic: Supreme Court · 127 pages OCR'd
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cca panama tinea tle ae a al en nN a ee MAM ae I —_ from the police investigators before any confession may be recorded by the Magistrate. The purpose of this is to give him a chance to think the matter over, and to allow the influence of any police threats, promises, or- coercion to be dissipated. As the Indian Supreme Court put it: ivr a There can be no doubt that, when an accused is produced before the Magistrate by the investigating: officer, it is of utmost importance that the mind of the accused person should be completely freed from any pos- sibly influence of the police and the effective way of securing such freedom from fear to the accused person is to send him to jail custody and give him adequate time: to consider whether he should make a confession at. all “,. [I]t would. we think, be reasonable to insist upon giving an accused person at least 24 hours to decide. whether or not to make a confession. Where there may be reason to suspect that the accused has been persuaded’ or coerced to make a confession, even longer period’ inay have to be given to him before his statement is recorded.” * In that case, the accused was given only one-half hour: for “reflection,” apparently because he was “keen on making @ confession straightaway.” That, the court said, “should have put the learned Magistrate on his guard’ because it obviously bore traces of police pressure or- inducement.” In yet another case the accused confessed after having been given ten days to “reflect” by the magistrate. But he had passed those days in a cell supervised by some of those charged with investigating thea ary — =aca es er . eS Sr at ee : : ee oe ed Veta LHe Clint, alll) CHGS Le COUHeSSION Was Nel INVA." When our Constitution was adopted in 1787. and later when the Bill of Rights was added. it contained very “Sarwan Singh v. State of Punjab. All India Rep. 1057 Sup. Cr. G37, G45-G44. "Raja Kiama vy, State of Saurashtra, All India Rep. 1956 Sup. . Cr. 217.
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