How much information received from an accused may be proved when the a

How much information received from an accused may be proved when the accused is in police custody?

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All relevant information

His confession to commit the crime

Information distinctly relates to the discovery of something

None, because he is in police custody

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2018

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The correct answer is C) Information distinctly relates to the discovery of something.

Sections 25 and 26 of the Indian Evidence Act, 1872 generally make confessions made to a police officer or while in police custody inadmissible. However, Section 27 provides an exception: “Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.” This means only the part of the information given by the accused in custody that leads to the discovery of a relevant fact (like the weapon, stolen goods, or the body) is admissible in court.

This provision is based on the principle that the reliability of the information leading to a discovery serves as a guarantee of its truthfulness, distinguishing it from mere confessions which might be obtained under duress. The discovery must be a consequence of the information provided by the accused.

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