A Confession Made To A Police Officer And/Or Whilst In The Custody of The Police Officer Shall Not Be Proved As Against A Person Accused Of Any Offence: Calcutta HC

The division bench of Justice Joymalya Bagchi and Justice Partha Sarathi Sen of the High Court of Calcutta, in the case of Idrish Ansary v. The State of West Bengal (CRA 549 of 2015), set aside the conviction of an accused under Section 302 of IPC on the ground that the verdict was based on the alleged written confession made by the accused before the police while in custody.

Facts of the Case:

The accused-appellant was tried under Section 302 of the IPC for allegedly murdering his own daughter. The trial court convicted the appellant based on an alleged written confessional statement he made to a police constable (PW7). On July 30, 2015, the trial court found the appellant guilty of violating Section 302 of the IPC and sentenced him to life imprisonment and a fine of Rs.5000/-. The appellant filed an appeal with the High Court, challenging the trial court’s judgment and order. 

Judgment Review:

The Court relied on the Judgment of Aghnoo Nagesia v. State of Bihar and observed that a confession made to a police officer while in custody shall not be proved as against a person accused of any offence. Thus, the Court set aside the impugned judgment of the Trial Court and acquitted the appellant of the charges under Section 302 of the IPC.

Click here to view the judgment

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