BIRCHA KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS matter was placed before this Full Bench pursuant to an order of reference dated 9. 4. 09 which reads as follows :-

(2.) IT can be seen from the above order of reference that the question raised is whether a confession allegedly made by an accused to a police constable is admissible in evidence or not.

(3.) HOWEVER , the learned Public Prosecutor argued that under Section 25 of the Evidence Act a confession made by an accused to a "police Officer" and a constable who receives a confession from the accused not being an officer such a confession is not covered by the embargo under Section 25 of the Evidence Act.