Confessions recorded by police cannot be included in charge sheet: SC

The apex court made the observations while hearing a plea against Allahabad High Court's order upholding trial court's decision to reject the appellant's discharge application.

A Supreme Court bench of Justice Abhay Oka and Justice Augustine George Masih asked trial courts to disregard confessional statements in the charge sheet of a case.

Uttar Pradesh DGP, Prashant Kumar in his affidavit asserted that the UP police generally do not record confessional statements but this case was an exception. He also assured the top court that action would be initiated against the investigation officer for including confessions in the charge sheet.

Both Section 25 of the Indian Evidence Act and Section 23 (1) of the Bharatiya Sakshya Adhiniyam state that the confessions by accused to the police officer are not admissible as evidence.