Supreme Court of India · 2004-05-05
STATE REP BY INSPECTOR OF POLICE vs N.M.T. JOY IMMACULATE
- Citation / case number
- SC 2002/13649
- Court
- Supreme Court of India
- Petitioner
- STATE REP BY INSPECTOR OF POLICE
- Respondent
- N.M.T. JOY IMMACULATE
- Author
- AR. LAKSHMANAN.
- Bench
- DR. AR. LAKSHMANAN.
Judgment text excerpt
The Supreme Court held that Section 160 of the Code of Criminal Procedure pertains only to the attendance of witnesses and not to accused persons, emphasizing that the legislature intended to facilitate evidence gathering rather than compel accused attendance. The Court found that the High Court erred in directing that women accused/witnesses should only be questioned by women police, as this contravened statutory provisions. The Court also criticized the High Court for prematurely determining the evidentiary value of confessions and recoveries, which should be assessed during a full trial, thereby setting aside the High Court's order.