LAWS(GAU)-2009-3-22

RAJIV PHUKAN Vs. STATE OF ASSAM

Decided On March 17, 2009
Rajiv Phukan Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) WHETHER a statement, which is popularly known as 'disclosure statement', must be reduced into writing in order to make such a statement admissible in evidence, under Section 27 of the Evidence Act, is the question, which this reference has to answer.

(2.) THE material facts, which have led to this reference, may, in brief, be set out as under:

(3.) THE question as to whether a 'disclosure statement' must be reduced into writing in order to make such a statement admissible in evidence, under Section 27 of the Evidence Act, cannot be correctly answered unless one takes into account not only the provisions embodied in Section 27, but also the provisions contained in Sections 25 and 26 of the Evidence Act. Sections 25, 26 and 27 are, therefore, reproduced herein below: