Home/indian judiciary
- Recent Questions
- Most Answered
- Answers
- No Answers
- Most Visited
- Most Voted
- Random
- Bump Question
- New Questions
- Sticky Questions
- Polls
- Followed Questions
- Favorite Questions
- Recent Questions With Time
- Most Answered With Time
- Answers With Time
- No Answers With Time
- Most Visited With Time
- Most Voted With Time
- Random With Time
- Bump Question With Time
- New Questions With Time
- Sticky Questions With Time
- Polls With Time
- Followed Questions With Time
- Favorite Questions With Time
Can an FIR be filed by the accused? If yes, will the FIR be admissible as a confession in court of law?
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.
See lessConsidering the increasing rate of educational scams in India (e.g. NEET 2024) What major shortcomings do you think are present in the Indian Legislature& Judiciary? And what changes would you suggest to be made in them?
The increasing rate of educational scams in India, such as those surrounding NEET 2024, points to significant shortcomings in both the Indian Legislature and Judiciary. In terms of the Legislature, there are gaps in the regulatory framework governing educational institutions and examinations. The laRead more
The increasing rate of educational scams in India, such as those surrounding NEET 2024, points to significant shortcomings in both the Indian Legislature and Judiciary.
In terms of the Legislature, there are gaps in the regulatory framework governing educational institutions and examinations. The laws may not be stringent enough to deter malpractice or sufficiently robust to ensure accountability and transparency in admissions and examinations. There’s also a lack of timely updates and adaptations to new challenges and technological advancements that scammers exploit.
The Judiciary, while generally independent, faces challenges such as delays in handling cases related to educational scams. There’s a need for faster resolution of cases to ensure justice is swift and effective, thus deterring potential offenders. Additionally, there may be issues related to judicial capacity and expertise in dealing with complex educational fraud cases.
To address these shortcomings, legislative reforms could include stricter penalties for those involved in educational scams, enhanced oversight mechanisms for exams and admissions, and greater transparency through digital solutions. The Judiciary could benefit from specialized courts or benches focused on educational fraud cases, expedited handling of such cases, and capacity building in educational law and technology.
Overall, strengthening legislative provisions and judicial processes specific to educational fraud would be crucial to combating this growing problem effectively.
See less