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CHAPTER II.––OF THE RELEVANCY OF FACTS · ADMISSIONS

Section 26: Confession by accused while in custody of police not to be proved against him

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate1, shall be proved as against such person.

2[Explanation.––In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 3*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18824 (10 of 1882).]

Footnotes in the official text

  1. 1.A coroner has been declared to be a Magistrate for the purposes of this section, see the Coroners Act, 1871 (4 of 1871), s. 20.
  2. 2.Ins. by Act 3 of 1891, s. 3 (w.e.f. 13-2-1891).
  3. 3.The words “on in Burma” omitted by the A.O. 1937.
  4. 4.See now the Code of Criminal Procedure, 1973 (2 of 1974) (w.e.f. 1-4-1974).

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

26. Confession by accused while in custody of Police not to be proved against him.BSA 23(2)

Questions on this section

2 questions in 5 of our papers cite Section 26.

Practise questions on Criminal Law