Lawgist26Confession by accused while in custody of Police not to be proved against him
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 Magistrate1, shall be proved as against such person.
2[Explanation. -- In this section Magistrate does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George 3*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 18824 (10 of 1882).]
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1.. A coroner has been declared to be a Magistrate for the Purposes of this section, see the coroners Act, 1871 (Act 4 of 1871), s. 20.
2. Ins. by Act 3 of 1891, s. 3.
3. The words "or in Burma" rep. by the A.O. 1937.
4. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
- 17 Admission defined
- 18 Admission –– by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived
- 19 Admissions by persons whose position must be proved as against party to suit
- 20 Admissions by persons expressly referred to by party to suit
- 21 Proof of admissions against persons making them, and by or on their behalf
- 22 When oral admissions as to contents of documents are relevant
- 22A When oral admission as to contents of electronic records are relevant
- 23 Admissions in civil cases when relevant
- 24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
- 25 Confession to police-officer not to be proved
- 26 Confession by accused while in custody of Police not to be proved against him
- 27 How much of information received from accused, may be proved
- 28 Confession made after removal of impression caused by inducement, threat or promise, relevant
- 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
- 30 Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 31 Admissions not conclusive proof, but may estop
