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Section 26: Confession by accused while in custody of Police not to be proved against him

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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).]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.

Where this provision sits

ActThe Indian Evidence Act, 1872
Section26
Marginal noteConfession by accused while in custody of Police not to be proved against him
JurisdictionCentral
StatusRepealed
Judgments citing it14

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