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ICFAI University Distance Education
ICFAI University Distance Education provides Bachelor's and Master's degrees in Science & Technology, Hospitality & Tourism Management, Law and Information & Technology. ICFAI Flexible Learning Mode is a distance learning Postgraduate course.
For more details:- https://www.mbatours.in/icfai-distance-mba/
#ICFAIUniversityDistanceEducation
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ICFAI University, Solan
ICFAI University, Solan, nestled in Himachal Pradesh, offers diverse courses with a transparent fee structure. The admission process is inclusive, emphasizing merit. The campus boasts modern facilities, while the university's commitment to practical training and industry collaboration ensures excellent placement opportunities. Accredited and ranked, ICFAI University, Solan, stands as a beacon of academic excellence.
Courses Offered:
ICFAI University, Solan, offers a diverse range of courses catering to various academic interests. The university is known for its programs in business administration, law, science and technology, and liberal arts. The curriculum is designed to be contemporary, industry-relevant, and in tune with the dynamic global landscape. Students have the opportunity to choose from a plethora of undergraduate, postgraduate, and doctoral programs.
Fee Structure:
Understanding the financial aspect of pursuing education is crucial, and ICFAI University, Solan, strives to make quality education accessible. The university follows a transparent and reasonable fee structure. By aligning fees with the industry standards and the quality of education provided, ICFAI University ensures that students receive value for their investment in education.
Admission Process:
The admission process at ICFAI University, Solan, is designed to be inclusive and merit-based. Prospective students are required to undergo a systematic and transparent admission process that evaluates their academic achievements, aptitude, and potential. The university encourages diversity and welcomes students from various backgrounds, fostering an environment of inclusivity.
Facilities:
The campus of ICFAI University, Solan, is equipped with state-of-the-art facilities to provide students with a conducive learning environment. From modern classrooms and well-stocked libraries to advanced laboratories and recreational spaces, the university prioritizes the holistic development of its students. The emphasis on a robust infrastructure contributes to the overall academic experience at ICFAI University.
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ICFAI University Distance Education
Empower your potential with ICFAI University Distance Education, a leading e-learning platform that offers comprehensive study programs in management, law, engineering, and other disciplines. Expand your knowledge base, gain industry-relevant skills, and boost your career growth, with the convenience and flexibility of Distance education.
#icfai distance mba#icfai distance mba review#icfai distance mba placements#icfai distance mba admission eligibility
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Why do Engineers make the best Entrepreneurs?
Engineering and Entrepreneurship may seem to be two different paths with no crossovers but when looked closely, we may find that engineering and entrepreneurship share many of the same skills. An engineering student is considered to have an innovative mind, awesome ideas and deep knowledge and interest in technology.
As an engineer, if your vision and innovative ideas are the same, you are a perfect entrepreneur material. The only obstacle in this path is our conservative mind, which stops us from taking one bold decision. Most of us have a clear vision and motive for our life that is to get our degree, get a highly paid job and to secure our future.
Being a competent engineer requires you to solve complex problems and navigate around difficult situations when they arise, a useful skill for any entrepreneur. There is little structure and lots of complexity that you need to navigate daily as someone who is running a startup. You have to assess risks and challenges wisely, and pivot when required.
Both engineers and entrepreneurs take on tremendous amounts of risk in their work. To succeed in both fields you need dedication, commitment and simply put, hustle.
IFHE(Icfai Foundation for Higher Education), Hyderabad offers world class education to its students. ICFAI Business School, Faculty of Science & Technology, Faculty of Law, and School of Architecture are among some of the departments at IFHE, Hyderabad.
ICFAI, Faculty of Science and Technology is one of the best Engineering colleges in Telangana and is the best college in Hyderabad for Engineering. It is a private B.Tech College in Hyderabad.
For admissions visit: https://www.ifheindia.org/icfaitech/
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New Post has been published on https://www.yosearch.net/entrance-exam/ilsat-eligibility-application-exam-date-registration/
ILSAT 2018: Eligibility, Application, Exam Date, Registration
#icfai admission test#icfai application dates#icfai hyderabad admission#icfai hyderabad law admission#icfai ilsat 2018#icfai law admission#icfai law admission test#icfai law entrance test#icfai law school#icfai law school admission test#icfai law school courses#icfai ug courses#ilsat 2018#ilsat 2018 application form#ilsat 2018 exam#ilsat 2018 exam date#ilsat application form 2018#ilsat exam date 2018
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ICFA University Distance Education
ICFAI University distance education offers bachelor's and master's degrees in law, information technology, and hospitality and tourism management. A distance learning PG program called ICFAI Flexible Learning Mode was created primarily for working professionals. One of India's top-ranked B-Schools is IBS, the business school of the ICFAI group. The Indian Business School (IBS) chain was successfully introduced throughout India in 1995. https://www.umeacademy.com/icfai-university-distance-mba/
#icfaiuniversitydistanceeducation#icfaidistancemba#icfaidistancembareview#icfaidistancembaplacements
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BBA after Class 12th: Course Details, Eligibility, and Career Prospects
BBA after Class 12th
The prospect of studying business after class 12th can be exciting, but it can also seem confusing, especially if you’re not sure whether BBA after class 12th will be right for you. BBA, the bachelor of business administration degree, offers a holistic education and prepares you to manage everything from large corporations to small businesses in the 21st century. This degree is globally recognized and sought after by most employers, meaning you’ll be able to find work after you complete your program with ease.
To help you understand what an undergraduate business degree entails and what career options it could open up to you, here’s some basic information about courses, eligibility and career prospects in the BBA course itself
Course Details
BBA Full form Bachelor of Business Administration Admission Process Merit and Entrance Based Course Level Bachelors Eligibility Pass 10+2 in any stream from a recognised university Duration 3 Years BBA Entrance Exams DU JAT, IPU CET, NMIMS NPAT Top BBA Colleges DU, NMIMS Mumbai, SSCBS New Delhi, IIM Rohtak, ICFAI Hyderabad BBA Specializations - BBA Finance, BBA Marketing, BBA International Business Age Between 17-25 Average Fees INR 50,000 – INR 2,00,000
BBA Eligibility
Students are required to clear the standard entrance exams with good scores. Along with the essential formula, students can meet the necessary criteria by attaining 50% of aggregate marks and above in Class XII in any stream from a recognized educational board or university. There is no age limit for pursuing this course as it is open to students who meet the necessary criteria.
Career Prospects
After completing your BBA, the question on your mind may be now what? Finding the perfect career that you’ll enjoy and excel at takes some time and research, but it will all be worth it when you find something that fits your values and lifestyle perfectly. The first step to finding your ideal career after BBA is to look at your skill set and see what jobs might be a good fit. Then do some research to narrow down the options and get more information on each one before making your final decision.
The BBA program provides the academic foundation to pursue careers in areas such as accounting, financial management, human resources, international business, law, marketing, project management, and public relations. Let’s explore these career prospects.
Specialize in Management (MBA)
An MBA after BBA, also known as an MBA after BCom/BSc or PGDM after graduation, has become quite common and one of the most sought-after career options after finishing a bachelor’s degree in business administration (BBA). With a sound knowledge about MBA after BBA, you can have numerous career options in various domains of operation. It will provide you with high level decision making and encourage you to deal with exclusive issues arising from higher education.
Financial Services and Insurance Sector
There are numerous possibilities for your career after BBA that belong to domains like marketing, business management, human resources, finance, and more. The courses usually required along with MBA after BBA are those that are concerned with economics, statistics, accounting, and other financial habits
Sales & Marketing
Marketing gives the power to sell and advertise a company’s products or services. There has been a new form of marketing emerging these days and multi-billion dollar companies are spending tons of their money to make it viral so that they can grab more customers. What else could be the better option to land into marketing after BBA?
Conclusion
BBA (Bachelor of Business Administration) is one of the best career degree options. BBA after 12th can be taken by students who wish to pursue a career in business management and other similar areas. The three-year degree program focuses on important concepts, management theories, and their real-life applications, hence one of the best course you can pursue after 12th.
#best bba college in jaipur#best college in jaipur#top ranked college in rajasthan#best placement college in jaipur#Best B School#best business school in jaipur#best tcbs college in rajasthan#best institute in jaipur
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The Institute of Chartered Financial Analysts of India University - [ICFAI], Gangtok
The Institute of Chartered Financial Analysts of India University - [ICFAI], Gangtok has been approved by the state government of Sikkim for operation as a university. Its address is Gangtok, Sikkim. ICFAI Sikkim was recognized by the University Grants Commission in 2005. It was approved by the Distance Education Council, Bar Council of India (BCI), Association of Indian Universities, Confederation of Indian Industry, Association of Indian Management Schools. It offers Management Studies, Law, Science and Technology in three different schools. Admissions to ICFAI Sikkim take place online and offline based on the course. ICFAI Sikkim conducts entrance tests and admission criteria are both merit-based and entrance-based.
The work of ICFAI Sikkim's students is varied, including Banking, Media, Information Technology, and Fashion Design. It offers scholarships for students to improve their expertise and attributes. It offers 25+ courses in UG, PG and Ph.D courses and all require facilities such as high-tech laboratories, library has a wide range of books, Computer Labs, Wifi Campus, Sports field, Smart Classroom, etc.
https://www.cheggindia.com/university/the-institute-of-chartered-financial-analysts-of-india-university-icfai-gangtok-10677/
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ICFAI Begins Admissions for 5-year Integrated Law Programmes for 12th Pass
ICFAI Begins Admissions for 5-year Integrated Law Programmes for 12th Pass
Institute of Chartered Financial Analysts of India (ICFAI) Hyderabad has started the admission process for five-year integrated law programmes. Candidates seeking admission to BBA-LLB can apply for the same on the ICFAI admission portal at http://www.ifheindia.org. The online application will be accepted till May 24. For admission to the courses, an entrance exam will be conducted on May 29 and…
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Importance of Internships for Engineering students
IMPORTANCE OF INTERNSHIPS IN ENGINEERING CAREER: Someone rightly said, “Practice makes a man perfect”. This saying holds true for every career. The right education and practice is the foundation of any career. Work experience in the real world is as important as your degree and the exam results. As a result, internships have become an important part of engineer’s curriculum.
Helps in keeping up with the current trends in the industry: Internships helps engineering students to get an opportunity to expose themselves to the actual work environment. Having the proficiency to apply theories in practical work is very important and internship gives you the right platform for testing your efficiencies.
Provides better job opportunities: An intern can get an opportunity to work on their desired projects and gain industrial experience. This helps the engineering students for getting a proper placement.
Opportunity to explore: Engineering is a vast field and choosing an appropriate area is very important. Internships allow the students to explore the different arenas of their stream and gives them the chance to choose their path on which they will work with utmost sincerity and concentration.
Helps in networking: An intern can meet people with similar interests which widen his professional contacts.
Career development opportunity: Interns can seek out new challenging assignments, take up individual initiatives and responsibilities to show that you can be a great asset to them. Therefore, through internships the students not just learn work ethics but also secures a bright future for themselves.
Opportunity to explore yourself: Every sector has its pros and cons. And to explore that the students need to expose themselves to such work environments and understand the depth of every field to acknowledge their strengths and weakness. Therefore, internships allow the engineering aspirants to come out of their comfort zone and test the best version of themselves.
Gain a competitive edge: During internships students enter a work- life which teaches them work ethics and slowly they gain a competitive edge over the fellow interns. The behaviour of showing the best of your version always proves to be of utmost benefit during jobs and making a successful career.
IFHE(Icfai Foundation for Higher Education), Hyderabad offers world class education to its students. ICFAI Business School, Faculty of Science & Technology, Faculty of Law, and School of Architecture are among some of the departments at IFHE, Hyderabad.
ICFAI, Faculty of Science and Technology is one of the best Engineering colleges in Telangana and isthe best B-tech college in Hyderabad for Engineering. It is a private B.Tech College in Hyderabad that offers the best internship opportunities and placements.
For admissions visit: https://www.ifheindia.org or
Call us at 040-23479725/ 040-23479732/ 8499848444
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Direct Admission in The ICFAI University, Dehradun Management Quota
Now you can get direct Admission in The ICFAI University management quota seats for BA LLB programs. ICFAI (or in its fuller name Institute of Chartered Financial Analysts of India University) University is a private university of law located in Dehradun. To know more about the college, placement, admission process and eligibility, Call us at (+91) 9873841048. It is a constituent of ICFAI group. The university was established in the year of 2003. It has ranked 23rd among the top Law universities in India. The University accepts CLAT and LSAT score for BA LLB or BBA LLB programs. The university offers UG, PG, and PhD programs in different streams. ICFAI University, Dehradun is approved by UGC and it has a member of AIU.
Courses and Fees
ICFAI University, Dehradun offered the following UG/PG programs: BA LLB Duration: 5 years Full-time Fees: 6.86 Lakh Master of Business Administration Duration: 2 years Full-time Fees: 5.59 Lakh BBA LLB Duration: 5 years Full-time Fees: 6.86 Lakh Tech in Computer Science and Engineering Duration: 4 years Full-time Fees: 5.96 Lakh Bachelor of Business Administration Duration: 3 years full-time Fees: 3.57 LLB Duration: 3 years full-time Fees: 2.16 Lakh
LLB Eligibility Criteria
The candidate must follow the eligibility criteria for LLB in ICFAI University, Dehradun: The candidate should have passed their 10+2 from a recognized university with a minimum of 50% aggregate marks. For SC/ST candidates the minimum of 40% marks in 10+2 is required. The candidate should have an Indian domicile. The candidate must have to prepare for CLAT and SLAT entrance exam.
Law Program Admission process
The admission to ICFAI University, Dehradun accepts CLAT and SLAT entrance score. The candidate should have to prepare at least one entrance exam. The admission for the LLB program at ICFAI University is totally based on the candidate’s entrance performance. If you had not performed well in your entrance exam and still looking for LLB admission in ICFAI University then, contact us at (+91) 9873841048. To get direct in LLB or NLU management quota, you can ping us anytime; our counselor will be made available to guide you about the admission process, fees and eligibility for admission.
About Institute of Chartered Financial Analysts of India University
How are the Placements? The placement of the college is very good. Almost 80% of the students got placed. The highest salary package offered was 6 LPA, the lowest salary package offered was 3.2 LPA, and the average salary package offered was 4.5 LPA. Top recruiting companies of the college are Mindcrest Pune, QuisLex and CGC Partners. All students get an internship in big law firms as well as Chamber Practice Group. Top roles offered to the students are RCC committed, debating committee, moot court committee and legal aid committee. Is the Infrastructure good? The Infrastructure of ICFAI University is quite well. They don't have any hostel of their own but there are some good hostels nearby for both boys and girls, they have both types of hostels with mess and without the mess. College is well-equipped with all the facilities, they have a Wi-Fi room, and classrooms are also good. They have two libraries, the Law Library and the Central Library. Faculty Review The teachers here are very good with the students. All the teachers are highly educated. They are always available for students even in holidays and are very knowledgeable. They have a good command over subjects they teach. There are two semesters per year, with midterm exams and end-term. The curriculum here is relevant. Want to become a lawyer? Then, what are waiting for? Get direct Admission in The ICFAI University management quota seats for BA LLB programs. Call us at (+91) 9873841048 to know more about the college, placement, admission process and eligibility. Read the full article
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ICFAI Law Admission Test or ILSAT is an entrance exam conducted by the ICFAI Law School for admissions to undergraduate and postgraduate level law courses. The law admission test is conducted in an online mode for all courses. The final admissions are done on the basis of entrance test scores, course eligibility criteria and personal interview. ICFAI Law School, Hyderabad has revised the exam schedule of ILSAT 2020 and now, the examination will be held on June 14. Moreover, ILSAT 2020 application process has been extended until May 31. #ilsat2020 #icfaiuniversity #icfailawschool #ilsat #lawentrance #lawexam #lawstudents #lawschool #admission #highereducation #admissions #undergraduate #university #postgraduate #shikshaadvisor #education #llb #llm #ballb #collegeadmissions #students #admission2020 #careerguidance (at Shiksha Advisor) https://www.instagram.com/p/CAPgz6SAry5/?igshid=1or1kq54gs8mp
#ilsat2020#icfaiuniversity#icfailawschool#ilsat#lawentrance#lawexam#lawstudents#lawschool#admission#highereducation#admissions#undergraduate#university#postgraduate#shikshaadvisor#education#llb#llm#ballb#collegeadmissions#students#admission2020#careerguidance
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Laws Related to Self-Incriminating Acts and Statements
This article is written by Tejesh Reddy, pursuing a Certificate Course in Advanced Criminal Litigation & Trial Advocacy, from Lawsikho, as part of his coursework. He is a BA LLB student at ICFAI Law School, Hyderabad of Batch 2021.
Let me start this Article with a story.
This is the story of great grandfather’s cousin. A long time ago, my great uncle lived in a village in Tamil Nadu. His wife was known to be a harsh and shrewd woman but they were happily married. One day, his wife found out that he had cheated on her with one of the neighbors. So, one night, his wife took some goons to that woman’s house and killed her. After killing her, they wrecked the house and tried to make it look like a robbery.
The police while investing found out that my great uncle’s wife was near that house during the time of the murder. When the police came to their house, realizing that his wife had murdered that woman, he confessed to the crime. And he was, subsequently, convicted for murder.
Is this confession admissible?
What are the laws relating to confessions and self-incriminating acts? What is the protection against self-incrimination acts? Who can record a confession? Are there any provisions related to false confessions? What has the Court decided on such cases?
This article aims to answer these questions.
What is self-incrimination?
According to Black’s Law Dictionary, a declaration or an act that occurs during an investigation where a person or witness incriminates themselves either explicitly or implicitly is known as self-incrimination.
It can also be defined as the act of implicating oneself in a crime or exposing oneself to criminal prosecution, according to the Legal Information Institute, Cornell Law.
Article 20(3) of the Constitution of India deals with self-incrimination.
“No person accused of any offense shall be compelled to be a witness against himself.”
What does being a witness against himself mean? It means that the person accused will give evidence to the Court proving his own guilt in a crime. This Article protects citizens of India from being forced to give evidence against themselves.
Need for law relating to self-incrimination?
The origin of this principle against self-incrimination can be found in the latin maxims “nemo teneturprodereseipsum” which means that no man is bound to betray himself.
In the 16th and 17th century, the English courts of the Star Chamber and the High Commission began to compel suspects to take an oath and to answer questions. These were called “ex-officio oaths”. Dissenters to this practice along with lawyers such as Sir Edward Coke were effectively able to make the Latin maxim of “nemo teneturprodereseipsum” into rule of law which became the privilege against self-incrimination.
English judges began unleashing writs of Habeas Corpus and Prohibition against the High Commission which ended up becoming the first articulation of this principle.
Later on, Article 11.1 of the Universal Declaration of Human Rights, 1948 and Article 14(3)(g) of the International Convention on Civil and Political Rights, 1966 laid down the principles of assumption of innocence and against self-incrimination respectively.
Legislations that have provisions for self-incriminating acts
As stated earlier, Article 20(3) of the Constitution of India gives protection to its citizen against self-incrimination. But are there any other legislation that deals with the same?
Evidence Act
Sections 24-30 of the Evidence Act, 1872 deal with confessions given by a person.
Section 24 of the Evidence Act, 1872 states that
“24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.–– A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.”
A confession, under this section, will be inadmissible as evidence if it is –
Made under inducement, threat or promise
In reference to an offense or charge
Made by the accused and
Made the accused think that doing so would give him an advantage or help him avoid evil
Section 25 of the Evidence Act, 1872 states that
“25. Confession to police officer not to be proved. –– No confession made to a police officer shall be proved as against a person accused of any offense.”
Section 26 of the Evidence Act, 1872 states that
“26. Confession by accused while in custody of police not to be proved against him. –– No confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against such person.”
Section 27 of the Evidence Act, 1872 states that
“27. How much of information received from accused may be proved. –– Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offense, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.”
According to this section, any fact may be proved if it was in consequence of information received from the accused. But only if it relates distinctly to the fact discovered
Section 28 of the Evidence Act, 1872 states that
“28. Confession made after removal of impression caused by inducement, threat or promise, relevant. –– If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.”.
If the confession under section 24 had been made after the removal of such inducement, threat, or promise, then it is admissible as evidence.
Section 29 of the Evidence Act, 1872 states that
“29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.–– If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.”
According to this section, if the confession made by the accused was under a promise of secrecy or the accused was tricked into confessing, the confession shall be admissible.
Section 30 of the Evidence Act, 1872 states that
“30. Consideration of proved confession affecting person making it and others jointly under trial for the same offence. When more persons than one are being tried jointly for the same offense, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.”
When a person confesses to an offense committed by himself and others and that confession is proved, then the Court will consider that confession as evidence against the others accused as well.
Anti-Terrorism Laws
Section 32 of the Prevention of Terrorism Act, 2002 (POTA) states that
“32. Certain confessions made to police officers to be taken into consideration.—
(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer…, shall be admissible in the trial of such person for an offence under this Act or the rules made thereunder.”
Section 15 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) states that
“15. Certain confessions made to police officers to be taken into consideration.- (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police… shall be admissible in the trial of such person [or co-accused, abettor or conspirator] for an offence under this Act or rules made thereunder:
[Provided that co-accused, abettor or conspirator is charged and tried in the same case together with the accused].”
These two counter-terrorism legislations have provisions for confessions taken by Police Officers which will be admissible in Court contrary to the provisions of the Evidence Act.
However, both of these Acts have been repealed and the current counterterrorism Act that is in force is the Unlawful Activities (Prevention) Act, 1967 with its latest amendment in 2012.
Even though many of the provision of POTA were inserted into the Unlawful Activities (Prevention) Act in 2004, the Act does not have any provisions on confessions.
Applicability
Who can commit self-incriminating acts?
According to Article 20(3) of the Constitution and Section 24 of the Evidence Act, it is clear that only the person accused of an offense can commit a self-incriminating act in relation to that offense and hence, needs protection against it.
A confession is a self-incriminating act. But the protection provided by law is only against compulsion to do a self-incriminating act or make a self-incriminating statement.
Who can record self-incriminating acts?
A confession has to be recorded in the manner given under section 164 and 281 of the Code of Criminal Procedure,1973
“164. Recording of confessions and statements.—(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial”
“281. Record of examination of accused.—(1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.”
So, only a Magistrate can record a confession in the course of an investigation. And when the Magistrate is examining the person accused, he shall make a memorandum about the examination. This shall, then, be shown or read to the accused. And will be signed by the person accused and the Magistrate.
False Confessions
The concept of False Confessions is not new. The law acknowledges its existence in the fact that a confession is not considered enough to prove guilt and must be corroborated with other evidence.
But why would someone confess to a crime that they did not commit?
There are many reasons that explain why a person would confess to a crime they did not commit, such as:
Real or perceived intimidation by the police
Use of force by police during the interrogation, or perceived threat of force
Compromised reasoning ability due to exhaustion, stress, hunger, substance use, and, in some cases, mental limitations, or limited education.
Evil interrogation techniques, such as false evidence about the existence of evidence
Fear, that failure to confess will yield a harsher punishment
There are different types of false confession:
Voluntary False Confession – When the innocent accused knowingly confesses to the crime with little to no pressure from the police.
Complaint False Confession – When the innocent accused knowingly confesses to the crime to put an end to the interrogation or get an anticipated benefit or reward.
Persuaded False Confession – When the innocent accused knowingly confesses to the crime who states to doubt his own memory and believes that they committed the crime.
In India, the question of false confession is not adequately debate and there is no proper literature on the subject. This is an important concept because all over the world convicts are being exonerated based on DNA evidence. The Innocence Project states that “Astonishingly, more than 1 out of 4 people wronfully convicted but later exonerated by DNA evidence made a false confession or incriminating statement.”
But there do exist judgments on the subject matter. In Mahesh Ram and Ors v. State of Bihar (2007), a single judge bench of the Patna High Court allowed the writ filed by brothers who were convicted for the murder of woman. The Court observed that the confession recorded by the police was false and concocted and that the accused never even confessed.
Judgements
Let us take a look at the judgments regarding Article 20(3) and confessions in the various High Courts and the Supreme Court.
In M.P. Sharma v. Satish Chandra (1954), an 8 judge bench of the Supreme Court had to deal with the issue of whether search and seizure under section 94 of the CrPC is violative of Article 20(3) of the Constitution. The Court observed that the production of a document under section 139 of the Evidence Act is not being a witness under the meaning of Article 20(3). And that the production of the document would not amount to compelled production.
In State of Bombay v. Kathi Kalu Oghad (1961), an 11 judge bench of the Supreme Court decided on whether giving of signature and fingerprint specimen would to self-incrimination. Both the majority and minority views agreed that a specimen of a fingerprint or a signature cannot be considered as “to be a witness” under Article 20(3). But they came to this conclusion through different reasonings.
In Nandini Sathpathy v. PL Dani (1978), Justice Krishna Iyer held that “compelled testimony” should include psychic torture, environmental coercion, intimidation methods etc. The right against self-incrimination would begin from the time the person is named in the FIR.
In Kartar Singh v. State of Punjab (1994), the Supreme Court considered the validity of section 15 of the TADA Act. The Court held that the section is valid but proposed certain guidelines ensure recording of true and voluntary confessions.
In Selvi v. State of Karnataka (2010), a 3 judge of the Supreme Court dealt with the admissibility of evidence gathered from Narco-Analysis in light Article 20(3). The Court held that a statement of confession must be reliable and voluntary. Narco-Analytic tests such as brain mapping polygraph tests and FMRI were administered forcefully on the accused persons. This compulsory administration of these tests is violative of “right against self-incrimination” under Article 20(3).
Conclusion
The right against self-incrimination is an essential fundamental right that cannot be taken away. Article 20(3) of the Constitution articulates this right. Most nations of the world follow this principle.
Only an accused is given protection under Article 20(3). According to section 164 and 281 of the CrPC, only a Magistrate can record a valid admissible confession. According to section 26 of the Evidence Act, a confession taken by a police officer is inadmissible. But TADA and POTA had provisions where a confession recorded by a police officer would be admissible which have now been repealed and replaced with UAPA.
Through various judgments, the Supreme Court has upheld the right against self-incrimination. In Nandini Sathpathy’s case, it was held that the right begins from the time a person is named in the FIR. In Selvi’s case, it was held compelled narco-analysis test are violative of the right against self-incrimination.
But the literature and precedence on false confessions are still extremely limited in India. We need to create adequate measures to answer the questions raised at the beginning of this article. Whether my great uncle’s confession would be admissible today? Would he still be convicted today? How much has the law advanced over the last century?
How much does the law need to advance to answer these questions?
The post Laws Related to Self-Incriminating Acts and Statements appeared first on iPleaders.
Laws Related to Self-Incriminating Acts and Statements syndicated from https://namechangersmumbai.wordpress.com/
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Laws Related to Self-Incriminating Acts and Statements
This article is written by Tejesh Reddy, pursuing a Certificate Course in Advanced Criminal Litigation & Trial Advocacy, from Lawsikho, as part of his coursework. He is a BA LLB student at ICFAI Law School, Hyderabad of Batch 2021.
Let me start this Article with a story.
This is the story of great grandfather’s cousin. A long time ago, my great uncle lived in a village in Tamil Nadu. His wife was known to be a harsh and shrewd woman but they were happily married. One day, his wife found out that he had cheated on her with one of the neighbors. So, one night, his wife took some goons to that woman’s house and killed her. After killing her, they wrecked the house and tried to make it look like a robbery.
The police while investing found out that my great uncle’s wife was near that house during the time of the murder. When the police came to their house, realizing that his wife had murdered that woman, he confessed to the crime. And he was, subsequently, convicted for murder.
Is this confession admissible?
What are the laws relating to confessions and self-incriminating acts? What is the protection against self-incrimination acts? Who can record a confession? Are there any provisions related to false confessions? What has the Court decided on such cases?
This article aims to answer these questions.
What is self-incrimination?
According to Black’s Law Dictionary, a declaration or an act that occurs during an investigation where a person or witness incriminates themselves either explicitly or implicitly is known as self-incrimination.
It can also be defined as the act of implicating oneself in a crime or exposing oneself to criminal prosecution, according to the Legal Information Institute, Cornell Law.
Article 20(3) of the Constitution of India deals with self-incrimination.
“No person accused of any offense shall be compelled to be a witness against himself.”
What does being a witness against himself mean? It means that the person accused will give evidence to the Court proving his own guilt in a crime. This Article protects citizens of India from being forced to give evidence against themselves.
Need for law relating to self-incrimination?
The origin of this principle against self-incrimination can be found in the latin maxims “nemo teneturprodereseipsum” which means that no man is bound to betray himself.
In the 16th and 17th century, the English courts of the Star Chamber and the High Commission began to compel suspects to take an oath and to answer questions. These were called “ex-officio oaths”. Dissenters to this practice along with lawyers such as Sir Edward Coke were effectively able to make the Latin maxim of “nemo teneturprodereseipsum” into rule of law which became the privilege against self-incrimination.
English judges began unleashing writs of Habeas Corpus and Prohibition against the High Commission which ended up becoming the first articulation of this principle.
Later on, Article 11.1 of the Universal Declaration of Human Rights, 1948 and Article 14(3)(g) of the International Convention on Civil and Political Rights, 1966 laid down the principles of assumption of innocence and against self-incrimination respectively.
Legislations that have provisions for self-incriminating acts
As stated earlier, Article 20(3) of the Constitution of India gives protection to its citizen against self-incrimination. But are there any other legislation that deals with the same?
Evidence Act
Sections 24-30 of the Evidence Act, 1872 deal with confessions given by a person.
Section 24 of the Evidence Act, 1872 states that
“24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.–– A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.”
A confession, under this section, will be inadmissible as evidence if it is –
Made under inducement, threat or promise
In reference to an offense or charge
Made by the accused and
Made the accused think that doing so would give him an advantage or help him avoid evil
Section 25 of the Evidence Act, 1872 states that
“25. Confession to police officer not to be proved. –– No confession made to a police officer shall be proved as against a person accused of any offense.”
Section 26 of the Evidence Act, 1872 states that
“26. Confession by accused while in custody of police not to be proved against him. –– No confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against such person.”
Section 27 of the Evidence Act, 1872 states that
“27. How much of information received from accused may be proved. –– Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offense, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.”
According to this section, any fact may be proved if it was in consequence of information received from the accused. But only if it relates distinctly to the fact discovered
Section 28 of the Evidence Act, 1872 states that
“28. Confession made after removal of impression caused by inducement, threat or promise, relevant. –– If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.”.
If the confession under section 24 had been made after the removal of such inducement, threat, or promise, then it is admissible as evidence.
Section 29 of the Evidence Act, 1872 states that
“29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.–– If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.”
According to this section, if the confession made by the accused was under a promise of secrecy or the accused was tricked into confessing, the confession shall be admissible.
Section 30 of the Evidence Act, 1872 states that
“30. Consideration of proved confession affecting person making it and others jointly under trial for the same offence. When more persons than one are being tried jointly for the same offense, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.”
When a person confesses to an offense committed by himself and others and that confession is proved, then the Court will consider that confession as evidence against the others accused as well.
Anti-Terrorism Laws
Section 32 of the Prevention of Terrorism Act, 2002 (POTA) states that
“32. Certain confessions made to police officers to be taken into consideration.—
(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer…, shall be admissible in the trial of such person for an offence under this Act or the rules made thereunder.”
Section 15 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) states that
“15. Certain confessions made to police officers to be taken into consideration.- (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police… shall be admissible in the trial of such person [or co-accused, abettor or conspirator] for an offence under this Act or rules made thereunder:
[Provided that co-accused, abettor or conspirator is charged and tried in the same case together with the accused].”
These two counter-terrorism legislations have provisions for confessions taken by Police Officers which will be admissible in Court contrary to the provisions of the Evidence Act.
However, both of these Acts have been repealed and the current counterterrorism Act that is in force is the Unlawful Activities (Prevention) Act, 1967 with its latest amendment in 2012.
Even though many of the provision of POTA were inserted into the Unlawful Activities (Prevention) Act in 2004, the Act does not have any provisions on confessions.
Applicability
Who can commit self-incriminating acts?
According to Article 20(3) of the Constitution and Section 24 of the Evidence Act, it is clear that only the person accused of an offense can commit a self-incriminating act in relation to that offense and hence, needs protection against it.
A confession is a self-incriminating act. But the protection provided by law is only against compulsion to do a self-incriminating act or make a self-incriminating statement.
Who can record self-incriminating acts?
A confession has to be recorded in the manner given under section 164 and 281 of the Code of Criminal Procedure,1973
“164. Recording of confessions and statements.—(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial”
“281. Record of examination of accused.—(1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.”
So, only a Magistrate can record a confession in the course of an investigation. And when the Magistrate is examining the person accused, he shall make a memorandum about the examination. This shall, then, be shown or read to the accused. And will be signed by the person accused and the Magistrate.
False Confessions
The concept of False Confessions is not new. The law acknowledges its existence in the fact that a confession is not considered enough to prove guilt and must be corroborated with other evidence.
But why would someone confess to a crime that they did not commit?
There are many reasons that explain why a person would confess to a crime they did not commit, such as:
Real or perceived intimidation by the police
Use of force by police during the interrogation, or perceived threat of force
Compromised reasoning ability due to exhaustion, stress, hunger, substance use, and, in some cases, mental limitations, or limited education.
Evil interrogation techniques, such as false evidence about the existence of evidence
Fear, that failure to confess will yield a harsher punishment
There are different types of false confession:
Voluntary False Confession – When the innocent accused knowingly confesses to the crime with little to no pressure from the police.
Complaint False Confession – When the innocent accused knowingly confesses to the crime to put an end to the interrogation or get an anticipated benefit or reward.
Persuaded False Confession – When the innocent accused knowingly confesses to the crime who states to doubt his own memory and believes that they committed the crime.
In India, the question of false confession is not adequately debate and there is no proper literature on the subject. This is an important concept because all over the world convicts are being exonerated based on DNA evidence. The Innocence Project states that “Astonishingly, more than 1 out of 4 people wronfully convicted but later exonerated by DNA evidence made a false confession or incriminating statement.”
But there do exist judgments on the subject matter. In Mahesh Ram and Ors v. State of Bihar (2007), a single judge bench of the Patna High Court allowed the writ filed by brothers who were convicted for the murder of woman. The Court observed that the confession recorded by the police was false and concocted and that the accused never even confessed.
Judgements
Let us take a look at the judgments regarding Article 20(3) and confessions in the various High Courts and the Supreme Court.
In M.P. Sharma v. Satish Chandra (1954), an 8 judge bench of the Supreme Court had to deal with the issue of whether search and seizure under section 94 of the CrPC is violative of Article 20(3) of the Constitution. The Court observed that the production of a document under section 139 of the Evidence Act is not being a witness under the meaning of Article 20(3). And that the production of the document would not amount to compelled production.
In State of Bombay v. Kathi Kalu Oghad (1961), an 11 judge bench of the Supreme Court decided on whether giving of signature and fingerprint specimen would to self-incrimination. Both the majority and minority views agreed that a specimen of a fingerprint or a signature cannot be considered as “to be a witness” under Article 20(3). But they came to this conclusion through different reasonings.
In Nandini Sathpathy v. PL Dani (1978), Justice Krishna Iyer held that “compelled testimony” should include psychic torture, environmental coercion, intimidation methods etc. The right against self-incrimination would begin from the time the person is named in the FIR.
In Kartar Singh v. State of Punjab (1994), the Supreme Court considered the validity of section 15 of the TADA Act. The Court held that the section is valid but proposed certain guidelines ensure recording of true and voluntary confessions.
In Selvi v. State of Karnataka (2010), a 3 judge of the Supreme Court dealt with the admissibility of evidence gathered from Narco-Analysis in light Article 20(3). The Court held that a statement of confession must be reliable and voluntary. Narco-Analytic tests such as brain mapping polygraph tests and FMRI were administered forcefully on the accused persons. This compulsory administration of these tests is violative of “right against self-incrimination” under Article 20(3).
Conclusion
The right against self-incrimination is an essential fundamental right that cannot be taken away. Article 20(3) of the Constitution articulates this right. Most nations of the world follow this principle.
Only an accused is given protection under Article 20(3). According to section 164 and 281 of the CrPC, only a Magistrate can record a valid admissible confession. According to section 26 of the Evidence Act, a confession taken by a police officer is inadmissible. But TADA and POTA had provisions where a confession recorded by a police officer would be admissible which have now been repealed and replaced with UAPA.
Through various judgments, the Supreme Court has upheld the right against self-incrimination. In Nandini Sathpathy’s case, it was held that the right begins from the time a person is named in the FIR. In Selvi’s case, it was held compelled narco-analysis test are violative of the right against self-incrimination.
But the literature and precedence on false confessions are still extremely limited in India. We need to create adequate measures to answer the questions raised at the beginning of this article. Whether my great uncle’s confession would be admissible today? Would he still be convicted today? How much has the law advanced over the last century?
How much does the law need to advance to answer these questions?
The post Laws Related to Self-Incriminating Acts and Statements appeared first on iPleaders.
Laws Related to Self-Incriminating Acts and Statements published first on https://namechangers.tumblr.com/
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ILSAT 2019 Application Form Released; Know Important Dates
ILSAT 2019 Application Form Released; Know Important Dates
ICFAI Law School has released the application forms for the candidates willing to take admission in BA LLB and BBA LLB courses. Law aspirants willing to take admission in these courses can now fill the ILSAT 2019 application form in the online mode. However, candidates have been given the facility to submit the application form in the Offline mode also. The last date for submitting the…
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