Under the provisions of the Indian Evidence Act, 1872, confession before a police officer by the accused in the custody of the police officer becomes relevant, if
the accused is a minor
the accused is a repeat offender
evidence is discovered in consequence of the confession
None of the above
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2017
The correct answer is C) evidence is discovered in consequence of the confession.
Sections 25 and 26 of the Indian Evidence Act, 1872, generally make confessions made to a police officer or while in police custody (unless before a Magistrate) inadmissible. However, Section 27 provides a crucial exception: “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 is the ‘discovery’ rule, where the part of the confession leading to a material discovery becomes relevant and admissible.