📚 The Indian Evidence Act 1872: Section 25 – 27 CONFESSIONS

Confessions made to a police officer – Section 25

• No confession made to a police officer
  • shall be proved against a person accused of any offence

The terms of Section 25 are imperative.

• A confession made to a police officer under any circumstances is not admissible in evidence against the accused.
• It covers a confession made when he was free and not in police custody, as also a confession made before any investigation has begun.
• The expression “accused of any offence” covers a person accused of an offence at the trial whether or not he was accused of the offence when he made the confession.

Additional protection to a confession made to a police officer:

• Section 162 CrPC forbids the use of any statement made to a police officer in the course of an investigation.
• The words of Section 162 are wide enough to include a confession made to a police officer in the course of an investigation.

Q:

• Can a confessional FIR be used against the informant-accused?

Confessions made while in custody of police – Section 26

• No confession made by any person
  • whilst he is in custody of a police officer
• shall be proved against him
  • unless it be made in immediate presence of a Magistrate

• Section 26 prohibits proof of a confession made in the custody of a police officer, unless it is made in the immediate presence of a Magistrate.
• The partial ban imposed by Section 26 relates to a confession made to a person other than a police officer.
• Section 26 does not qualify the absolute ban imposed by Section 25 on a confession made to a police officer.

Certain information received from an accused in police custody may be proved – Section 27

• When any fact is deposed to
  • as discovered in consequence of
  • information received from an accused person in custody of a police officer
• so much of such information
  • as relates distinctly to the fact thereby discovered
  • may be proved

Sir John Beaumont, Privy Council, in Pulukuri Kottaya v. Emperor [1947 PC]

• Section 27 provides an exception to the prohibition imposed by the preceding section, and enables certain statements made by a person in Police custody to be proved.
• The condition necessary to bring the section into operation is that the discovery of a fact in consequence of information received from a person accused of any offence in the custody of a Police Officer must be deposed to, and thereupon so much of the information as relates distinctly to the fact thereby discovered may be proved.
• The section seems to be based on the view that if a fact is actually discovered in consequence of information given, some guarantee is afforded thereby that the information was true, and accordingly, can be safely allowed to be given in evidence.

Q:

• What is the meaning and scope of the term “fact discovered” in section 27?

An illustration to understand the scope of section 27:

• Information supplied by a person in custody that “I will produce a knife concealed in the roof of my house” does not lead to the discovery of a knife; knives were discovered many years ago.
• It leads to the discovery of the fact that a knife is concealed in the house of the informant to his knowledge, and if the knife is proved to have been used in the commission of the offence, the fact discovered is very relevant.
• But if to the statement the words be added “with which I stabbed A”, these words are inadmissible since they do not relate to the discovery of the knife in the house of the informant.

Q.

• Which confessions are not admissible?