The Pros And Cons Of The Criminal Law

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The wording of the present section seems as though it is not applicable to Criminal cases. It has been held that rules of pleadings in suits don’t apply to Criminal trials. In Criminal case the accused needs to plead guilty or not guilty. Any admission made by the accused in answer to court or by any written statement is not be used to fill up the gap in the evidence for the prosecution. The rules laid down under the evidence law are subjected to the principles of jurisprudence, it is the duty of the prosecution to prove the case against the accused beyond reasonable doubt, and no reliance is to be placed on the admission made by him, in the course of trial. The doctrine of implied admission can be invoked only when the facts alleged by one party is not denied by the other party or in case where the party on whom burden lies fails to allege facts in support of its case. The doctrine is applied to a party who has obligation to allege certain facts.…show more content…
A plea of guilty doesn’t admits the truth of deposition, it only accepts the offence charged. Section 10 of the Criminal Justice Act, 1967 provides for proof by formal admission in criminal trial. A statement made under Section 10 is conclusive in nature. The admission made under the section must be in writing and if it is oral then in that case it needs to be in compliance with Part 27 of The Criminal Procedure Rules,

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