18/02/2026
Supreme Court: Disclosure Statement Outside Custody Cannot Be Relied Upon Under Section 27 Evidence Act
Case Title: Rohit Jangde v. The State of Chhattisgarh
Case No.: Criminal Appeal No.689 of 2026 [ Leave Petition (Crl.) No.5624 of 2024]
On February 17, the Supreme Court set aside the conviction of a man accused of murdering his six-year-old stepdaughter, reiterating that a disclosure statement is admissible under Section 27 of the Indian Evidence Act only when it is made while the accused is in police custody. The bench of Justices Sanjay Kumar and K. Vinod Chandran observed that the recovery of bone remnants, allegedly discovered pursuant to the accused’s statement, could not be relied upon since the memorandum was recorded at 10:30 a.m., whereas the arrest memo showed that the accused was formally arrested only at 10:00 p.m. the same day.
The Court emphasized that although “custody” does not necessarily mean formal arrest and may include restraint or surveillance, there was no material to suggest that the accused was under any such control at the time of making the statement. Referring to earlier precedents, the bench clarified that information received from a person not in custody falls outside the scope of Section 27.
While such a statement may be relevant under Section 8 of the Evidence Act to indicate conduct, it remains a weak piece of evidence and cannot independently sustain a conviction. Given the absence of a definite time of death, delayed reporting of the child’s disappearance, and serious investigative lapses, the Court granted the accused the benefit of doubt and allowed the appeal.
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