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:

Remember the confession rules progression: - Sec 24: Inadmissible if caused by inducement, threat, or promise. - Sec 25: Absolute bar on confessions made TO a police officer. - Sec 26: Bar on confessions made IN police CUSTODY, with an exception for presence of a Magistrate. - Sec 27: Exception to the bar - discovery of a fact.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question is about the rule regarding confessions made while in police custody, as laid down in Section 26 of the Indian Evidence Act, 1872.

Step 2: Detailed Explanation:
Sections 24, 25, and 26 of the Evidence Act deal with the inadmissibility of confessions under certain circumstances.
- Section 25 provides a general bar: "No confession made to a police officer shall be proved as against a person accused of any offence."
- Section 26 extends this bar. It states: "No confession made by any person whilst he is in the custody of a police officer, shall be proved as against such person...". This part corresponds to option (A).
However, Section 26 contains a very important exception or proviso:
"... unless it be made in the immediate presence of a Magistrate."
This proviso means that if a confession is made by a person in police custody, but it is made directly to a Magistrate and in their immediate presence, then such a confession is admissible and can be proved. This corresponds to option (C).
Therefore, Section 26 contains both the general rule of inadmissibility (A) and the exception of admissibility in the presence of a Magistrate (C). Option (B) is incorrect. Option (D) correctly combines the rule and its exception.

Step 3: Final Answer:
Section 26 provides that a confession made in police custody is not admissible, unless it is made in the immediate presence of a Magistrate.