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 sequence: Section 25 completely bars confessions made to a police officer. Section 26 bars confessions made in the custody of a police officer, with the exception of it being made before a Magistrate. Section 27 is another exception, relating to the discovery of a fact.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Sections 24, 25, and 26 of the Indian Evidence Act form a series of rules that make most confessions made to police or in police custody inadmissible, to prevent coerced confessions.

Step 2: Detailed Explanation:
Section 26 of the Indian Evidence Act, 1872, is titled "Confession by accused while in custody of police not to be proved against him."
- The main part of the section lays down the general rule: "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 directly supports statement (A).
- The phrase "unless it be made in the immediate presence of a Magistrate" forms an exception to this rule. It means that if a confession is made while in police custody but in the immediate presence of a Magistrate, it becomes admissible. This supports statement (C).
Therefore, Section 26 provides for both the general rule of inadmissibility of confessions in police custody and the exception that makes them admissible if made before a Magistrate. Option (D) correctly combines both these aspects.

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