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Do you agree that there is a distinction between admissibility and credibility of evidence? Certain accused persons were brought before a Sub Divisional Magistrate for recording of confessions. The Magistrate did not ascertain from any of the accused whether he was making the confession voluntarily; or whether there was any threat or inducement. He did not ascertain how long they were in police custody before they were brought before him. After the time
for reflection was over and the accused were again brought before him, he proceeded to record their confessions without putting any further questions to them. He did not make any memorandum that he was satisfied that the confessions were made voluntarily. Are the confessions admissible in evidence? Discuss. (10 Marks)
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