Questions and answers on law(Part 1)

1)Doctrine behind S 27 of evidence Act
Ans:In the matter of: Navaneethakrishnan V/s The State by Inspector of Police, Criminal Appeal No. 1134/2013 (Supreme court of India, Date of Decision: 16.04.2018, Coram: A.K. Sikri & R.K. Agrawal, JJ.) it was held that, Section 27 of the Indian Evidence Act, 1872 incorporates the theory of confirmation by subsequent facts, that is, statements made in police custody are admissible to the extent that they can be proved by subsequent discovery of facts. Discovery statements made under Section 27 of the Indian Evidence Act, 1872 can be described as those which furnish a link in the chain of evidence needed for a successful prosecution.
2) What is victimless Crime?

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Guidelines to be followed by Magistrate in case of custodial death

We,
therefore,
immediately install
direct
the
State
Government
to and maintain closed circuit television
(CCTV) with rotating cameras in every corridor, room and
lock up of each Police Station so that every part of the Police
Station is covered 24 hours of the day and the tapes of the
CCTV shall be preserved for a minimum period of one year
and responsibility of ensuring that CCTV is kept operational
shall be on the Senior Police Officer in-charge of the Police
We further direct that the directions given by the Apex
Station.
Court in the case of D.K. Basu (supra) are followed to the hilt
and similarly amendments which have been brought into
force in 2006 and 2009 in respect of arrest, production of the
accused and remand are also scrupulously followed in letter
and spirit. The responsibility for safety, health and well being
of the arrestee
shall be that of the Arresting Officer,
Investigating Officer, Station House Officer and the Senior
Inspector of the Police Station. As and when it is found that
the person who is arrested and remanded to Police Custody
suffers any injury, he shall be immediately taken to the
nearest hospital where he should be given the best possible
medical attention that can save his life and restore him to
health. The Senior Inspector in-charge of the Police Station
shall promptly produce the accused within 24 hours after his
arrest and inform his relatives about his arrest and reason for

his arrest. If any injuries are found on the person who is in
police custody, photographs should be taken. In the event of
shall be video-graphed and
death in custody, postmortem
preserved. If such an arrested person is injured as a result of
police torture and produced before the Magistrate, the
learned Magistrate shall apply his mind and consider whether
he should be again
remanded to police custody.
The
Magistrate also should ensure that provisions of arrest and

production which are now incorporated in sections 41 to 50
are scrupulously followed.
In the event the person dies in
custody and injuries are found on his person, an FIR should
immediately be registered for the offences punishable under
the IPC and immediate steps should be taken to arrest the
perpetrators of the crime.
Magisterial inquiry should be
conducted under section 176 (1A) of the Cr.P.C. and efforts
should be taken to ensure that evidence is not destroyed.
Investigation in such cases shall be monitored by the
Magistrate.
In the case of prosecution of cases of custodial
deaths, court shall deal with such cases on high priority and
the State shall appoint a Special Public Prosecutor who shall
be assisted by a woman Public Prosecutor.

CRIMINAL APPELLATE JURISDICTION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WRIT PETITION NO. 2110
Leonard Xavier Valdaris & Others

V/s
Dr. Yug Mohit Chaudhry 
V. M. KANADE &
P.D. KODE JJ.
DATE: CORAM: 13th August, 2014

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