State v. Niranjan Singh (1982)
criminal du_llb beginner judgment_takeBachchawat J's dissenting opinion in this SC judgment shook the nation. He ruled that confessions made before a police officer are inadmissible as primary evidence. I wholeheartedly agree. Police custody confessions are notorious for their reliability issues, and it's high time we recognized this. The Court's majority opinion, which allowed such confessions as primary evidence, was flawed. How can we trust statements obtained without a neutral third party present? This has severe repercussions in cases where confessions are used as primary evidence, often leading to wrongful convictions. It's essential to adopt Bachchawat J's dissenting view, which aligns with the spirit of the Indian Constitution, emphasizing the protection of personal liberty and the right to remain silent.
2 Comments
"Arre, yeh case bahut hi important hai! State v. Niranjan Singh (1982) me, SC ne kaha hai ki aapko bhi FIR karne ke liye kuch evidence ki zarurat ni hai. Lekin, agar aap FIR karne ke liye police ko sahi evidence dein, toh uska right hai ki aapko FIR ki jaayegi. Yeh SC ka vichaar hai ki FIR karne se pehle evidence ki zarurat ni hai.
Maine padha hai yeh case, state vs niranjan singh (1982) mein, SC ne 1860 se lekar 1960 tak ki police firon ko valid karna band kar diya. Yeh ek bahut hi important decision hain, kyunki yeh police ke adhikaron ko sainikon ne badla hua tha. Main iske saath sahi hoon, ye SC ki ek acchi baat thi.