Confession to police officer
AI Assist
Summary
A statement made to a police officer is not admissible as evidence against an accused. A confession made while a person is in police custody is also inadmissible unless it was made in the immediate presence of a Magistrate. If information from an accused in custody leads police to discover a fact, the part of that information that distinctly describes the discovered fact may be proved.
Example
Ravi is arrested and in police custody tells an officer he hid a stolen phone in a room. His confession to the officer cannot be proved against him unless it was made in the immediate presence of a Magistrate. But when the police find the phone using his information, the part of his statement that clearly describes where the phone was found may be proved.
Bare Act
Enacted text(1) No confession made to a police officer shall be proved as against a person accused of any offence.
(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:
Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.
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