Q1. Under the Indian Evidence Act, 1872, which of the following statements most accurately describes the rule regarding the admissibility of confessions made to police officers?
- (a) A confession made to a police officer is admissible if recorded in the presence of a magistrate.
- (b) A confession made to a police officer is admissible only if it leads to the discovery of a fact under Section 27.
- (c) All confessions made to police officers are admissible as per Section 25.
- (d) A confession made to a police officer is admissible if made voluntarily without any inducement, threat or promise
Answer & solution
Answer: (b) A confession made to a police officer is admissible only if it leads to the discovery of a fact under Section 27.
A confession made to a police officer is barred outright, however voluntary it was.
The one opening is Section 27, where the information given leads to the discovery of a fact.
Revision note — Confessions in the law of evidence
• Section 25, Indian Evidence Act, 1872 — no confession made to a police officer shall be proved against a person accused of any offence. A blanket bar.
• Section 26 — a confession made while in police custody is not provable unless it is made in the immediate presence of a Magistrate.
• Section 27 — the exception. Only so much of the information as relates distinctly to the fact thereby discovered may be proved.
• Section 27 rests on confirmation by subsequent facts: the recovery itself shows that the statement was true.
• Section 24 is the voluntariness test — a confession caused by inducement, threat or promise is irrelevant. It applies to confessions made to anyone.
• A confession is recorded before a Magistrate under Section 164 CrPC, now Section 183 of the BNSS, 2023.
• Current law: the 1872 Act is replaced by the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024. Sections 25 to 27 are now carried by Section 23 and its proviso.
Do not mix these up
• Section 25 vs Section 26 — Section 25 bars a confession made to a police officer anywhere; Section 26 bars one made in police custody to anybody.
• Section 24 vs Section 25 — Section 24 asks whether the confession was voluntary; Section 25 does not ask, it shuts the police confession out either way.
• Confession vs recovery — under Section 27 only the part that led to the discovery is proved, never the whole confession.
Also asked from this topic: the law replacing the Indian Evidence Act, 1872 (Bharatiya Sakshya Adhiniyam); the date the new criminal laws took effect (1 July 2024); the law replacing the IPC (BNS).