BSA: Relevancy, Admissions, Confessions and Expert Opinion — Practice

Question 1

Which BSA section deals with dying declarations and what was the IEA section?

Accepted Answer

BSA 26(1), corresponding to IEA 32(1).

Question 2

Is a confession to a police officer admissible against the accused?

Accepted Answer

No, under BSA 23(1), except for the part that distinctly relates to a fact discovered under BSA 23(2).

Question 3

State the rule in BSA 23(2) and the leading case.

Accepted Answer

So much of the information given by an accused in police custody as relates distinctly to the fact discovered in consequence may be proved, whether it amounts to a confession or not. The leading case is Pulukuri Kottaya v. Emperor (1947).

Question 4

Distinguish an admission from a confession.

Accepted Answer

An admission is a statement suggesting an inference about a fact in issue or a relevant fact. A confession is an admission of guilt of the offence, in a criminal case. All confessions are admissions, but not all admissions are confessions.

Question 5

What is the evidentiary value of a co-accused's confession?

Accepted Answer

It may be considered against others jointly tried for the same offence, but it is not substantive evidence. It can only lend assurance to other evidence (Haricharan Kurmi v. State of Bihar).

Question 6

State the tests for admitting and relying on a dying declaration.

Accepted Answer

It is relevant when the maker is dead and the statement relates to the cause of his death. It is admissible without oath or cross-examination. It need not be recorded by a Magistrate, but the recorder must be satisfied that the maker was in a fit state of mind (Laxman v. State of Maharashtra). Corroboration is not a rule of law, but the court must be satisfied that it is voluntary and truthful, and inconsistencies between several declarations reduce its weight.

Question 7

A, in police custody for murder, tells the officer that he killed B and that he threw the knife in the river behind his house. The knife is found there. What can be proved?

Accepted Answer

The confession to the police that he killed B is inadmissible under BSA 23(1). Under BSA 23(2), only the part that distinctly relates to the fact discovered, that the knife was in the river behind his house, is admissible. The recovery of the knife is a relevant fact, and its weight depends on the other evidence.

Question 8

Is an expert's opinion binding on the court?

Accepted Answer

No. It is advisory and is weighed by the expert's qualifications, reasons and corroboration.

Practice — BSA: Relevancy, Admissions, Confessions and Expert Opinion

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