M. P. Sharma v. Satish Chandra Case: A Critical Analysis

crpc_bnss ailet beginner real_case

The M. P. Sharma v. Satish Chandra case, 1954, is a landmark judgment under CrPC. The case revolves around the issue of police custody and the right to silence. The judgment stated that confessional statements made to the police are not admissible as evidence. The court held that anything said or done by an accused person in the course of police investigation cannot be used against them. This case has significant implications for AILET students, especially those taking the law paper. I feel that the judgment is outdated, and the concept of right to silence is too broad. We can argue that it hampers the investigation process, but the community might have a different opinion on this. What do you guys think about this judgment?

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Varun ยท Future Advocate

Agree on points that MP Sharma case helped establish the principle of public policy, but disagree on its limited application in modern times. The doctrine of 'public policy' has evolved significantly since then, making it less relevant today. Moreover, recent cases like Western Ganga Sugar Works vs Union of India show the application of public policy in different contexts, making Sharma case seem somewhat out of place.