Defences for Accused: Admission-Confession & Discovery of Facts Leading to Recovery in Criminal Trial

Defences for Accused: Admission, Confession & Discovery of Facts Leading to Recovery in Criminal Trial by Yogesh V. Nayyar is a practical and analytical guide for criminal law practitioners navigating the evolving framework of evidentiary principles under the Indian Evidence Act, 1872, and the newly enacted Bharatiya Sakshya Adhiniyam, 2023. The book examines the complexities surrounding admissibility and evidentiary value of confessions, admissions, and discovery statements in criminal trials, offering a clear doctrinal explanation supported by judicial interpretation. It provides a comprehensive understanding of the procedural safeguards, recording mechanisms, and judicial guidelines governing confessional evidence, enabling defence counsels to strategically evaluate, challenge, and dismantle prosecution evidence relating to recovery and confession-based statements. The work bridges theoretical and courtroom perspectives, making it an authoritative reference for criminal litigation.

Key Features:

• Detailed examination of the evidentiary principles governing admissions, confessions, and the discovery of facts leading to recovery
• Analysis of admissibility, inadmissibility, burden of proof, probability, and preponderance in criminal evidence
• Comparative discussion of provisions under the Indian Evidence Act, 1872, and Bharatiya Sakshya Adhiniyam, 2023
• Coverage of various forms of confessions, including extra-judicial, telephonic, custodial, inculpatory, and exculpatory statements
• Procedural guidance on recording confessions under Section 164 CrPC/Section 183 BNSS
• Evaluation of confessional FIRs, hearsay vs direct evidence, circumstantial chains, and conduct of the accused
• Judicial precedents and Supreme Court guidelines on confession recording and discovery evidence
• Practical emphasis on documentation through photographs, video recording, call detail records (CDR), and spot investigation
• Insight into arguments and strategies for defence counsels in challenging confession-based recoveries

This book is an essential resource for criminal defence lawyers, public prosecutors, judicial officers, police investigators, and legal academicians seeking a deeper understanding of evidentiary rules relating to confessions and discovery in criminal trials.