NCJ Number
122051
Journal
Indian Journal of Criminology Volume: 17 Issue: 2 Dated: (July 1989) Pages: 94-103
Date Published
1989
Length
10 pages
Annotation
The Indian rules of criminal evidence are basically rules of exclusion which were enacted in the years after the Sepoy Mutiny in 1857 to satisfy a need to counter the balance against the accused.
Abstract
It is suggested that amendments to the Law of Evidence would dismantle some of the protection apparatus, but should secure better criminal justice. Acquittal of the guilty because of earlier police transgressions is undesirable. A balance between total exclusion and facile inclusion of evidence is urged. The improved education and character among subordinate police over 100 years after the law's enactment is noted in support of a more responsible role for police officers in the gathering of evidence. Provisions of the statutes including the accused's right to silence, similar fact evidence, confessions, dying declarations, and definition of dowry death are discussed with suggestions for amendment as well as case references.