There is a significant rise in educational fraud such a NEET 2024 and many more govt exams. It highlights that the fundamentals in the Indian constitution and judiciary and flawed. Loopholes in the legislature and judicial delays promotes malpractices and perpetuate such frauds. Firstly, legislativeRead more
There is a significant rise in educational fraud such a NEET 2024 and many more govt exams. It highlights that the fundamentals in the Indian constitution and judiciary and flawed. Loopholes in the legislature and judicial delays promotes malpractices and perpetuate such frauds.
Firstly, legislative council should focus on being more strict and transparent in educational institutions. Proper guidelines and regular inspections can irradicate such malpractices. Judicial system should make sure that educational fraud related cases are given top priority , that will ensure timely justice and restrain future misconduct.
Secondly, promoting public awareness and whistle-blower protections can emancipate stakeholders to report immediately. These measures are of utmost importance to reinstate confidence in the Indian education system and protect the rectitude of examinations.
Lastly, credibility of a physician is highly at risk due to this fraud, and can damage their reputations. After 10 years if we get to know that the doctor who is going to diagnose us or our family member cleared NEET 2024 and now is a medical practitioner, there will be definite trust issues and perhaps legal actions taken against him.
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Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case. Admissibility as a Confession: Generally, an FIR filed by an accused is not admissible in the court as a confession.Read more
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case.
Admissibility as a Confession:
Generally, an FIR filed by an accused is not admissible in the court as a confession. This is due to the following reasons:
1. Voluntariness: A confession should be voluntary and shall be made free from duress or any sort of inducement to be taking as admissible. An FIR filed by an accused does not fall under this category especially at times of coercion or pressure.
2. Warning: Any confession that may have taken place that was recorded would have a proper warning administered before taking such confession due to the ill effects of false confession. An FIR filed by an accused may not have undergone this stage.
3. Self-Incrimination: Thus, the right of every incriminated person not to be self-incriminated is restricted by the filing of an FIR. However, it should be ensured that voluntary statements are not induced or coerced to hold up before this court.
Meaning, an FIR can be filed, but predominantly it will be without evidentiary value. The court would have to look at what circumstances were there under which the FIR was filed, the voluntary nature of the statements, and whether or not procedural safeguards were followed.
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