Section 265 CrPC: Statements of Accused Not Admissible in Evidence – Code of Criminal Procedure
1. State the code:
Section 265 of the Code of Criminal Procedure (CrPC) deals with the inadmissibility of statements made by an accused person during an investigation.
2. Explain it:
This section states that no statement made by an accused person during an investigation can be used as evidence against him/her in a criminal trial. This applies to statements made before a police officer, magistrate, or any other person involved in the investigation.
The purpose of this section is to prevent the use of coerced or unreliable statements against the accused. It aims to ensure that the prosecution relies on evidence gathered through legitimate means.
3. Illustrate it:
Imagine a scenario where a suspect is being interrogated by a police officer. During the interrogation, the suspect confesses to the crime. However, the suspect later claims that the confession was made under duress or coercion. In this situation, the statement made by the suspect during the interrogation cannot be admitted as evidence in court because of Section 265 CrPC.
4. Common Questions and Answers:
Q: What are the exceptions to Section 265?
A: There are a few exceptions to Section 265, such as statements made by the accused under a confession recorded under Section 164 of CrPC, statements made by the accused under a statutory provision allowing for such statements, and statements made by the accused voluntarily and without any coercion.
Q: Can statements made by the accused to a third party be used as evidence?
A: Yes, statements made by the accused to a third party can be used as evidence, as long as they were not made under duress or coercion, and the third party is a competent witness.
Q: What is the purpose of Section 265?
A: The primary purpose of Section 265 is to ensure a fair trial by preventing the use of potentially unreliable or coerced statements against the accused.
