Question

Section 26 of Indian Evidence Act provides

• A. No confession made by a person in police custody is admissible
• B. Confession made by a person in police custody is admissible
• C. Confession made in the immediate presence of a magistrate is admissible
• D. (a) and (c)

Hint:

Section 26 of the Indian Evidence Act ensures that confessions made in police custody are inadmissible unless made in front of a magistrate.

Answer 1

The Correct Option is D

Step 1: Understanding Section 26 of the Indian Evidence Act.
Section 26 of the Indian Evidence Act states that no confession made by a person in police custody shall be admissible unless made in the presence of a magistrate. This provision safeguards against coerced confessions.

Step 2: Explanation of Other Options.
- (a) is correct as confessions made in police custody are inadmissible unless made before a magistrate. - (b) is incorrect as confessions made in police custody are not admissible without a magistrate's presence. - (c) is correct as confessions made in the presence of a magistrate are admissible.

Step 3: Conclusion.
Section 26 ensures that confessions made in police custody are only admissible if made in the presence of a magistrate.