Gadchiroli Encounter Case: Section 32 of the Evidence Act
evidence clat_ug beginner news_to_lawSo, you must've heard about the recent Gadchiroli encounter case, right? It was all over the news, how the Maharashtra police were trying to justify the killing of 7 naxals. The key part here is that the police claimed they had found a letter at the site, allegedly written by the naxals, which supposedly mentioned their plans to carry out attacks. But, this is where Section 32 of the Evidence Act comes in - Exclusion of communications between client and legal professional.
The question is, can the police use a letter written by the naxals to one of their leaders as evidence? Not if it's a communication between the naxals, no? According to Sec 32, it's not admissible as evidence.
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Totally agree with this! Section 32 is a game-changer in the Gadchiroli Encounter Case. It states that a confession made by a person in the presence of a Magistrate and recorded, can be used as evidence. But, the prosecution needs to prove that it was voluntary and not coerced. This raises questions about the NIA investigation and whether the confessions were indeed voluntary...