Question

According to the Law Commission of India 69 th Report, S.27 of the Indian Evidence Act is based on the

• A. Doctrine of introspection
• B. Doctrine of testimonial incrimination
• C. Doctrine of confirmation
• D. None of the above

Hint:

Associate Section 27 with the keyword "discovery". Any information, even if part of a confession in police custody, is admissible if it leads to the discovery of a relevant fact.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the underlying principle or doctrine behind Section 27 of the Indian Evidence Act, 1872. Section 27 is a proviso and an exception to the general rule (found in Sections 25 and 26) that confessions made to a police officer or while in police custody are inadmissible.
Step 2: Detailed Explanation:
Section 27 allows a part of a confession or statement made by an accused in police custody to be admitted as evidence. The condition is that the statement must lead to the discovery of a new fact. For example, if the accused says, "I have hidden the murder weapon under the bridge," and the police subsequently find the weapon there, the part of the statement that relates distinctly to the discovery of the weapon becomes admissible.
The rationale for this exception is the Doctrine of Confirmation by Subsequent Event. The discovery of the fact (the weapon) confirms the truthfulness of the information given by the accused. The reliability of the information is guaranteed by the subsequent discovery, which removes the doubt associated with confessions made in police custody. The 69th Report of the Law Commission of India discusses this principle.
Step 3: Final Answer:
Section 27 is based on the principle that the discovery of a fact as a consequence of information received from an accused confirms the truth of that information. This is known as the Doctrine of Confirmation. Therefore, option (C) is correct.