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Confessions made in police custody

Under the general Law of the land, as reflected in the Evidence Act,no confessions made to a police officer, can be proved against an accused. Confessions leading to discovery of a fact which is dealt with u/s 27 is an exception to the Rule of exclusion of confession made by an accused person in the custody of police officer.

The confessions recorded by the police officer u/s 32(1) of the POTA is admissible in evidence . The voluntaries and reliability of confession can of course be rested by the court. The admission of such confession would also be subject to the observance of the other provisions of section 32 of POTA which are in the nature of procedural safeguards aimed at ensuring that the confessions are made by the accused in an atmosphere free from threat and inducement. The most important safeguards in section 32 are provided in subsection (4) and (5)

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