User:Lawsudhir

INTRODUCTION:-

Today in 21st century human right not only enjoy positive recognization at a national level but international level. It is not uncommon that every problem of today has been infested with some human right dimension in one way or other way. The constitution of India envisages welfare state that secure social justice to all the people of India. Administration of criminal justice by the welfare state is one such means although which the state can provide social justice especially in the field of administration of criminal justice. The essential object of time tested criminal administration system is to punish the wrongdoers my wrong committed by an individual is basically consider to be wrong committed against society, punishing offender has individual human right should not affected. The major task ahead of a modern criminal justice administration system is balancing society’s interest with that individual human right.

There are three distinct stages in the process of criminal justice system. They are investigation, prosecution, punishment stage. Experience suggests the most of the human right violation take place during first stage that is investigation. That is why the S.C. in D.K.BASU has tried to balance between two ideas – social interest and human right.

Confession has great evidentiary value that too when it turn out be only evidence of crime it has great value of detection and punishing for the crime, confession made at early stage of the investigation are very much useful in criminal cases as the confession would be quite fresh because the interval between the time of making such confession and commission of crime would be generally short.

Neither the Indian Evidence Act, 1872 nor Criminal Procedure Code,1973 define confession. Sir James Fitz Stephens the distinguished jurist who drafted the Indian Evidence Act in his book digest law of evidence define confession in following term that “An admission made at any time by a person charge with a crime stating or suggesting the interference that he committed crime.” Thus except the little confession given in section 27 - Indian Evidence Act, confession to police officer inadmissible in India. The need for such provision arises from the historical reason that the Indian police were by and large notorious for their extortionist proclivities and indulgence in the third degree malpractices.

Accordingly the object behind this provision is only to collect evidence by investigating agency by following procedure established by law. In other words their shall not be any threat, coercion or ill-treatment or using of any sweatbox method to extract evidence during investigation. Therefore an accused person is to be treated with almost human dignity disclosing the cause for arrest and his legal remedies, namely informing his relatives about the reason for arrest, engaging a lawyer of his choice or a referring to legal aid, medical assistant etc. In this fashion the human rights of the accused person by law are well protected.

Confession made during early stage of investigation help in speedy crime detection it is immaterial as far as the investigation agency is concerned whether such confession is voluntary or extracted from the person making such confession and what is material is that the confession must be true and lead towards the crime detection. Therefore to extract confession the investigating officer sometimes use third degree method which result In grave violation of human right. The need for balancing of societal interest and protection of human right of individual has so far generally been stressed only of context of arrest.