{"id":93196,"date":"2025-06-01T11:43:51","date_gmt":"2025-06-01T11:43:51","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=93196"},"modified":"2025-06-01T11:43:51","modified_gmt":"2025-06-01T11:43:51","slug":"when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/","title":{"rendered":"When is a confessional statement by an accused to be proved against hi"},"content":{"rendered":"<p>When is a confessional statement by an accused to be proved against him in criminal proceedings ?<\/p>\n<ul>\n<li>1. When it is made to a police officer<\/li>\n<li>2. When it is made in the immediate presence of a Magistrate<\/li>\n<li>3. When it is made to a respectable person of the locality where he resides<\/li>\n<\/ul>\n<p>Select the correct answer using the code given below :<\/p>\n<p>[amp_mcq option1=&#8221;1 only&#8221; option2=&#8221;2 only&#8221; option3=&#8221;3 only&#8221; option4=&#8221;1, 2 and 3&#8243; correct=&#8221;option2&#8243;]<\/p>\n<div class=\"psc-box-pyq-exam-year-detail\">\n<div class=\"pyq-exam\">\n<div class=\"psc-heading\">This question was previously asked in<\/div>\n<div class=\"psc-title line-ellipsis\">UPSC CISF-AC-EXE &#8211; 2022<\/div>\n<\/div>\n<div class=\"pyq-exam-psc-buttons\"><a href=\"\/pyq\/pyq-upsc-cisf-ac-exe-2022.pdf\" target=\"_blank\" class=\"psc-pdf-button\" rel=\"noopener\">Download PDF<\/a><a href=\"\/pyq-upsc-cisf-ac-exe-2022\" target=\"_blank\" class=\"psc-attempt-button\" rel=\"noopener\">Attempt Online<\/a><\/div>\n<\/div>\n<section id=\"pyq-correct-answer\">\nUnder 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.<br \/>\n<\/section>\n<section id=\"pyq-key-points\">\nSection 25 of the Indian Evidence Act, 1872 explicitly states that &#8220;No confession made to a police officer, shall be proved as against a person accused of any offence.&#8221; This rules out point 1. Section 26 states that &#8220;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.&#8221; 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.<br \/>\n<\/section>\n<section id=\"pyq-additional-information\">\nThe rationale behind Sections 25 and 26 is to prevent confessions from being extracted by coercion or undue influence by police officers. The presence of a Magistrate is considered a safeguard to ensure the confession is voluntary. Section 27 is an exception to Sections 25 and 26, allowing the portion of information received from an accused in police custody to be proved if it relates distinctly to the fact thereby discovered.<br \/>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>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 &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"When is a confessional statement by an accused to be proved against hi\" class=\"read-more button\" href=\"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/#more-93196\">Detailed Solution<span class=\"screen-reader-text\">When is a confessional statement by an accused to be proved against hi<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1089],"tags":[1108,1099,1115],"class_list":["post-93196","post","type-post","status-publish","format-standard","hentry","category-upsc-cisf-ac-exe","tag-1108","tag-indian-polity-and-governance","tag-miscellaneous","no-featured-image-padding"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.2 (Yoast SEO v23.3) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>When is a confessional statement by an accused to be proved against hi<\/title>\n<meta name=\"description\" content=\"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 &quot;No confession made to a police officer, shall be proved as against a person accused of any offence.&quot; This rules out point 1. Section 26 states that &quot;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.&quot; 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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"When is a confessional statement by an accused to be proved against hi\" \/>\n<meta property=\"og:description\" content=\"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 &quot;No confession made to a police officer, shall be proved as against a person accused of any offence.&quot; This rules out point 1. Section 26 states that &quot;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.&quot; 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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:43:51+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"When is a confessional statement by an accused to be proved against hi","description":"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.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/","og_locale":"en_US","og_type":"article","og_title":"When is a confessional statement by an accused to be proved against hi","og_description":"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.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:43:51+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/","url":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/","name":"When is a confessional statement by an accused to be proved against hi","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:43:51+00:00","dateModified":"2025-06-01T11:43:51+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"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.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/when-is-a-confessional-statement-by-an-accused-to-be-proved-against-hi\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC CISF-AC-EXE","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-cisf-ac-exe\/"},{"@type":"ListItem","position":3,"name":"When is a confessional statement by an accused to be proved against hi"}]},{"@type":"WebSite","@id":"https:\/\/exam.pscnotes.com\/mcq\/#website","url":"https:\/\/exam.pscnotes.com\/mcq\/","name":"MCQ and Quiz for Exams","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/exam.pscnotes.com\/mcq\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209","name":"rawan239","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","caption":"rawan239"},"sameAs":["https:\/\/exam.pscnotes.com"],"url":"https:\/\/exam.pscnotes.com\/mcq\/author\/rawan239\/"}]}},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/93196","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/comments?post=93196"}],"version-history":[{"count":0,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/93196\/revisions"}],"wp:attachment":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/media?parent=93196"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/categories?post=93196"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/tags?post=93196"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}