Question

Which of the following statement is correct

• A. A confession made by an accused to the police officer is relevant
• B. A confession made by an accused in police custody to a magistrate is not relevant
• C. A confession made by an accused in the police custody and discovery made from the information received from confession, both confession and discovery are relevant
• D. None of the above is correct

Hint:

Confessions to police are inadmissible, but discovery of material facts under Section 27 of Evidence Act is admissible.

Answer 1

The Correct Option is C

Step 1: Rule under Indian Evidence Act.
Confession to a police officer is generally not admissible (Section 25). However, Section 27 provides that if information leads to discovery of a fact, that part of confession is admissible.

Step 2: Magistrate confession.
A confession made to a magistrate is admissible if made voluntarily (Section 164 CrPC).

Step 3: Correct interpretation.
Thus, the admissible portion is the discovery made based on information from confession.

Step 4: Conclusion.
Hence, the correct answer is (C).