Accused is one, against whose there are any criminal allegations. Correctness of such allegations are yet to be tested on Judicial Touchstone.
During the course of investigation, Judicial Magistrate have a Right to Record the Statement (including confession) of either of the Parties u/s 164 of Criminal Procedure Code.
The above Question is answered by Hon’ble Supreme Court in the Matter of 𝗔 𝗩𝘀 𝗦𝘁𝗮𝘁𝗲 𝗼𝗳 𝗨𝗣 (decided on 08-10-2020 - Criminal Appeal 659 of 2020 ) by concluding that
“𝙉𝙤 𝙥𝙚𝙧𝙨𝙤𝙣 𝙞𝙨 𝙚𝙣𝙩𝙞𝙩𝙡𝙚𝙙 𝙩𝙤 𝙖 𝙘𝙤𝙥𝙮 𝙤𝙛 𝙨𝙩𝙖𝙩𝙚𝙢𝙚𝙣𝙩 𝙧𝙚𝙘𝙤𝙧𝙙𝙚𝙙 𝙪𝙣𝙙𝙚𝙧 𝙎𝙚𝙘𝙩𝙞𝙤𝙣 164 𝙤𝙛 𝙩𝙝𝙚 𝘾𝙤𝙙𝙚 𝙩𝙞𝙡𝙡 𝙩𝙝𝙚 𝙖𝙥𝙥𝙧𝙤𝙥𝙧𝙞𝙖𝙩𝙚 𝙤𝙧𝙙𝙚𝙧𝙨 𝙖𝙧𝙚 𝙥𝙖𝙨𝙨𝙚𝙙 𝙗𝙮 𝙩𝙝𝙚 𝙘𝙤𝙪𝙧𝙩 𝙖𝙛𝙩𝙚𝙧 𝙩𝙝𝙚 𝙘𝙝𝙖𝙧𝙜𝙚-𝙨𝙝𝙚𝙚𝙩 𝙞𝙨 𝙛𝙞𝙡𝙚𝙙. 𝙏𝙝𝙚 𝙧𝙞𝙜𝙝𝙩 𝙩𝙤 𝙧𝙚𝙘𝙚𝙞𝙫𝙚 𝙖 𝙘𝙤𝙥𝙮 𝙤𝙛 𝙨𝙪𝙘𝙝 𝙨𝙩𝙖𝙩𝙚𝙢𝙚𝙣𝙩 𝙬𝙞𝙡𝙡 𝙖𝙧𝙞𝙨𝙚 𝙤𝙣𝙡𝙮 𝙖𝙛𝙩𝙚𝙧 𝙘𝙤𝙜𝙣𝙞𝙯𝙖𝙣𝙘𝙚 𝙞𝙨 𝙩𝙖𝙠𝙚𝙣 𝙖𝙣𝙙 𝙖𝙩 𝙩𝙝𝙚 𝙨𝙩𝙖𝙜𝙚 𝙘𝙤𝙣𝙩𝙚𝙢𝙥𝙡𝙖𝙩𝙚𝙙 𝙗𝙮 𝙎𝙚𝙘𝙩𝙞𝙤𝙣𝙨 207 𝙖𝙣𝙙 208 𝙤𝙛 𝙩𝙝𝙚 𝘾𝙤𝙙𝙚 𝙖𝙣𝙙 𝙣𝙤𝙩 𝙗𝙚𝙛𝙤𝙧𝙚.”
Such a statement can also be used while deciding his bail application. So the situation will arise that “A person will be refused bail on the basis of some statement, of which he has no knowledge and therefore he cannot even counter”. Is it not alarming that only on allegation, a man has to loose his independence?