Mr. MacCALLUM SCOTTasked the Under-Secretary of State for India whether the Secretary of State for India is aware that Sir Edmund Cox, late Deputy Inspector-General of the Police in Bombay, has recommended that no confession made by an accused should be admitted in evidence unless made in open court before the tribunal trying his case; and whether, in view of the frequency of the cases in which confessions made to policemen have been shown to have been extorted by torture, and the practice already adopted in the United Provinces, the Government of India is prepared to make such amendment in the law as is necessary to carry out this recommendation?
§ The UNDER-SECRETARY of STATE for INDIA (Mr. Montagu)The Secretary of State has seen the recommendation referred to. My hon. Friend is, no doubt, aware that confessions made to policemen are already inadmissible in evidence. As regards confessions made before magistrates, instructions similar to those issued in the United Provinces have been issued in most of the provinces of India. If my hon. Friend will refer to the answer that I gave to the hon. Member for Leicester on 28th March he will observe that the Government of India are engaged in the revision of the Criminal Procedure Code, and, in view of this, these questions are being carefully considered.
§ Mr. WEDGWOODIs it the custom in the United Provinces when confessions are made before a magistrate that the magistrate shall examine the man and see whether there are any indications of torture upon him?
§ Mr. MONTAGUIt is the Order of Meerut, a copy of which I will send the hon. Gentleman.