State of UP v Deoman Upadhyaya
1960 INSC 10719601 min read
The case in brief30-second read
- Facts
- The accused, charged with murder, gave information in police custody that led to the recovery of a gandasa. The High Court held S.27 of the Evidence Act discriminatory under Art.14 because it applied only to persons in custody.
- Issue
- Whether S.27 of the Evidence Act violates Art.14.
- Held
- S.27 is valid. The distinction between statements by persons in custody and others is a real and rational classification. Only so much of the information as distinctly relates to the fact discovered is admissible.
- Principle
- S.27 of the Evidence Act is constitutional; it admits only the part of a custodial statement that leads to discovery.
Facts
- The accused, charged with murder, gave information in police custody that led to the recovery of a gandasa. The High Court held S.27 of the Evidence Act discriminatory under Art.14 because it applied only to persons in custody.
Issue
- Whether S.27 of the Evidence Act violates Art.14.
Held
- S.27 is valid. The distinction between statements by persons in custody and others is a real and rational classification. Only so much of the information as distinctly relates to the fact discovered is admissible.
Cite this
Citation
State of UP v Deoman Upadhyaya 1960 INSC 107Reported: https://indiankanoon.org/doc/481284/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.