When is a confessional statement by an accused to be proved against him in criminal proceedings ?
- 1. When it is made to a police officer
- 2. When it is made in the immediate presence of a Magistrate
- 3. When it is made to a respectable person of the locality where he resides
Select the correct answer using the code given below :
1 only
2 only
3 only
1, 2 and 3
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CISF-AC-EXE – 2022
Under the Indian Evidence Act, 1872, a confessional statement made by an accused while in the custody of a police officer can be proved against him if it is made in the immediate presence of a Magistrate. This corresponds to point 2.
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.” This rules out point 1. Section 26 states that “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 Magistrate, shall be proved as against such person.” This means that a confession made while in police custody *is* admissible if made in the immediate presence of a Magistrate. Point 2 describes this specific exception. While a confession to a respectable person (point 3) might be admissible if voluntary and not hit by Section 24 (inducement, threat, or promise), Section 26 provides a statutory condition for admissibility even when in police custody, making point 2 the most clearly and specifically admissible scenario described among the options in the context of the restrictions imposed by Sections 25 and 26.