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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A forensic auditor is reviewing a document produced in Court that purports to be a confession by an accused person, taken in accordance with law and purporting to be signed by the Magistrate. Which statement correctly describes the effect of Section 79?

Section 79 covers a confession or statement by an accused person taken in accordance with law and purporting to be signed by a Judge, Magistrate or authorised officer. The Court presumes it genuine and duly taken, but this does not presume guilt.

  1. AThe Court presumes the document is genuine and that the confession was duly takenCorrect
  2. BThe Court presumes the accused is guilty of the offence
  3. CThe presumption applies only to witness evidence, not to confessions
  4. DThe Court may presume only if the accused admits the signature

Explanation

Section 79 expressly covers a statement or confession by a prisoner or accused person taken in accordance with law and purporting to be signed by a Judge, Magistrate or authorised officer. The Court presumes genuineness and due taking. It says nothing on guilt, and no admission by the accused is needed.

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