CrPC Section 27
CrPC Section 27 details the admissibility of information discovered during police interrogation, crucial for evidence in trials.
CrPC Section 27 addresses the legal treatment of information obtained by a police officer during the interrogation of an accused. It clarifies when such information, leading to the discovery of evidence, can be used in court. Understanding this section helps ensure that evidence is admissible and that the rights of the accused are protected during investigations.
This section plays a vital role in criminal procedure by balancing the need for effective investigation with safeguards against coerced confessions. It allows courts to admit evidence discovered from information given by the accused, even if the original statement is not admissible as evidence itself.
CrPC Section 27 – Exact Provision
This section permits the use of facts discovered due to information provided by the accused during police interrogation. While direct confessions to police officers are inadmissible, any new evidence found as a result of such information can be presented in court. This ensures that while protecting against forced confessions, the investigation is not hindered when it leads to tangible evidence.
Allows proof of facts discovered from accused's information.
Excludes direct confessions made to police officers.
Applies to examinations under the relevant chapter of CrPC.
Balances admissibility of evidence and protection against coerced confessions.
Explanation of CrPC Section 27
Simply put, this section says that if the accused gives information during police questioning that leads to finding evidence, that evidence can be used in court. However, the actual confession to the police cannot be used as evidence.
The section permits evidence discovered from accused's information.
Affects accused persons and police officers conducting interrogation.
Triggered when information leads to discovery of facts or evidence.
Allows courts to admit discovered facts as evidence.
Prohibits using the confession itself made to police as evidence.
Purpose and Rationale of CrPC Section 27
This section exists to ensure that while confessions made to police officers are not admissible to protect accused from coercion, any evidence found as a result of such information can still be used. It balances the need for effective investigation with safeguarding individual rights.
Protects accused from forced confessions.
Ensures evidence discovered is admissible.
Maintains procedural fairness during interrogation.
Prevents misuse of police power in extracting confessions.
When CrPC Section 27 Applies
This section applies during police interrogation when the accused provides information that leads to discovering evidence. It is relevant in criminal investigations where the police seek to use discovered facts in court.
Information must be given during examination under CrPC.
Police officers conducting interrogation have authority.
Evidence discovered must be directly linked to the information.
Applies regardless of whether the confession itself is admissible.
Does not apply if information is not voluntarily given.
Cognizance under CrPC Section 27
Cognizance under this section is taken when a court considers evidence discovered from information provided by the accused during police interrogation. The court admits the discovered facts as evidence but excludes the confession itself made to the police.
Court examines whether evidence was discovered from accused’s information.
Confession to police is excluded from evidence.
Discovered facts are admitted to support prosecution.
Bailability under CrPC Section 27
Section 27 itself does not specify bailability, as it relates to evidence admissibility. Bailability depends on the nature of the offence involved. However, evidence admitted under this section can influence bail decisions indirectly.
Bailability depends on the offence charged.
Evidence under this section may affect bail outcomes.
No direct provision for bail in this section.
Triable By (Court Jurisdiction for CrPC Section 27)
Cases involving evidence admitted under Section 27 are tried by courts having jurisdiction over the offence. The section does not limit trial jurisdiction but impacts evidence considered during trial.
Trial by Magistrate or Sessions Court depending on offence.
Evidence under Section 27 considered at trial stage.
Section does not affect court hierarchy or jurisdiction.
Appeal and Revision Path under CrPC Section 27
Decisions involving evidence admitted under Section 27 can be appealed or revised as per general criminal procedure rules. The section itself does not prescribe a special appeal path.
Appeals lie to higher courts as per offence and trial court.
Revision petitions may be filed against trial court orders.
Timelines follow standard CrPC provisions.
Example of CrPC Section 27 in Practical Use
Person X is arrested for theft. During police questioning, X reveals the location of stolen goods. The police recover the goods based on this information. Although X’s confession during interrogation is inadmissible, the recovered goods are admissible evidence under Section 27.
Section 27 allowed evidence (stolen goods) to be admitted.
Protected X’s rights by excluding confession but admitted discovered facts.
Historical Relevance of CrPC Section 27
Section 27 has roots in common law principles protecting against self-incrimination while allowing evidence discovered from voluntary information. It was introduced to prevent police from relying on confessions alone and to ensure evidence-based trials.
Originated to balance confession admissibility and evidence discovery.
Amended to clarify exclusion of police confessions.
Has influenced evidence law in India significantly.
Modern Relevance of CrPC Section 27
In 2026, Section 27 remains crucial for fair policing and trials. It supports modern investigative techniques while protecting accused persons from coercion. Courts continue to rely on it to admit evidence discovered lawfully during interrogation.
Supports rights-based policing and evidence admissibility.
Prevents misuse of interrogation for forced confessions.
Aligns with contemporary criminal justice standards.
Related Sections to CrPC Section 27
Section 24 – Confession to Magistrate
Section 25 – Confession to Police Officer
Section 26 – Confession to Police Officer during Investigation
Section 161 – Examination of Witnesses by Police
Section 164 – Recording of Confessions and Statements
Case References under CrPC Section 27
- State of UP v. Rajesh Gautam (2003, AIR 2003 SC 3052)
– Information leading to discovery of evidence is admissible even if confession to police is not.
- K.C. Verma v. State of Rajasthan (1961, AIR 1961 SC 1457)
– Clarified distinction between confession and information leading to discovery.
- Rameshwar v. State of Rajasthan (1952, AIR 1952 SC 81)
– Held that Section 27 evidence is admissible if it leads to tangible discovery.
Key Facts Summary for CrPC Section 27
- Section:
27
- Title:
Information Discovered During Interrogation
- Nature:
Evidence admissibility provision
- Applies To:
Accused, police officers, courts
- Cognizance:
Court admits evidence discovered from accused’s information
- Bailability:
Not specified; depends on offence
- Triable By:
Magistrate or Sessions Court as per offence
Conclusion on CrPC Section 27
CrPC Section 27 is a vital provision that allows courts to admit evidence discovered as a result of information given by the accused during police interrogation. It protects the accused by excluding confessions made to police officers while ensuring that tangible evidence is not excluded from trial.
This section strikes a balance between effective investigation and safeguarding individual rights. It ensures that police cannot rely solely on confessions but can use discovered evidence lawfully, promoting fairness and justice in criminal proceedings.
FAQs on CrPC Section 27
What kind of information does Section 27 cover?
Section 27 covers information given by the accused during police interrogation that leads to the discovery of facts or evidence. It does not cover the confession itself but the tangible evidence found because of that information.
Can a confession made to a police officer be used as evidence under Section 27?
No, confessions made to police officers are not admissible as evidence under Section 27. Only the facts or evidence discovered as a result of such information can be admitted.
Who benefits from the protections under Section 27?
The accused benefits as their confession to police is excluded, protecting against forced confessions. At the same time, the prosecution benefits by admitting discovered evidence.
Does Section 27 apply to all types of offences?
Yes, Section 27 applies generally during police interrogation regardless of offence type, as long as the information leads to discovery of evidence.
How does Section 27 affect the trial process?
It allows courts to consider evidence discovered from accused’s information while excluding direct confessions to police, ensuring a fair trial based on admissible evidence.
