As per the provisions of the Indian Evidence Act, 1872, which one of t

As per the provisions of the Indian Evidence Act, 1872, which one of the following statements regarding confession to police officer due to fear of arrest of his family members is correct ?

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Confession is relevant.

Confession is not relevant.

Confession is relevant but not admissible.

Confession is not relevant but admissible.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2017

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Section 25 of the Indian Evidence Act, 1872 explicitly states that “No confession made to a police officer shall be proved as against a person accused of any offence.” Regardless of the circumstances under which the confession is made (even due to fear of family arrest, which might relate to inducement/threat under Section 24), if it is made to a police officer, it is generally not relevant and therefore not admissible in court against the accused.

– Section 25 is a strict rule based on public policy, aimed at preventing confessions being extorted by police.
– Section 26 further states that confessions made by a person in police custody are also inadmissible unless made in the immediate presence of a Magistrate.
– Section 24 deals with confessions caused by inducement, threat, or promise, making them irrelevant if the court believes the pressure was such as to render the confession involuntary. However, Sections 25 and 26 apply specifically to confessions made to or in the custody of police officers, acting as overriding prohibitions.

– There are exceptions where statements made to police leading to discovery of facts may be admissible under Section 27, but this is not a confession itself, only the part that distinctly relates to the discovered fact.
– Confessions made to persons other than police officers may be relevant, subject to conditions under Section 24 and other provisions.

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