When a confession is admissible as evidence?
When a confession is admissible as evidence?
Proof of judicial confession- Under section 80 of Evidence Act a confession recorded by the magistrate according to law shall be presumed to be genuine. It is enough if the recorded judicial confession is filed before the court. It is not necessary to examine the magistrate who recorded it to prove the confession.
Can charge be framed in absence of accused?
In a warrant case which is instituted upon a complaint,and on any day fixed for hearing of the case, if the complainant is absent and the offence may be lawfully compounded or is not a cognizable offence, the magistrate may in his discretion at any time before the charge has been framed, can discharge the accused.
Does the accused have the right to face the accuser?
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial …
Can accused plead guilty through advocate?
The learned Magistrate without considering provisions of Sections 253 and 206 Cr. P.C. has readily accepted the application and permitted the learned Advocate for accused to plead guilty. The order made by the learned Magistrate on 22.7.
What is Section 205 of the Criminal Procedure Act?
(1) A judge of the Supreme Court, a regional court magistrate or magistrate may, subject to the provisions of subsection (4), upon the request of an attorney-general or a public prosecutor authorised thereto in writing by the attorney-general, require the attendance before him or any other judge, regional court …
What happens after chargesheet is filed?
Once the chargesheet is filed, the next procedure will be for the court to take congisance of the same. A court could also be set up on the jail premises. Once the court is seized of the matter, then the judge will issue summons to all the accused. In case any of the accused are on bail, then a summons is issued.
