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Under the provisions of the Indian Evidence Act, 1872, confession befo

June 1, 2025 by rawan239

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

This question was previously asked in

UPSC CISF-AC-EXE – 2017

Download PDF Attempt Online

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.

This exception under Section 27 is based on the principle that the discovery of a fact guarantees the truthfulness of the information received from the accused to that extent. Factors like the accused being a minor or a repeat offender (Options A and B) do not make a confession before a police officer admissible under the Act.

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